CR  J   il  2  7  2 


Duke   University   Libraries 

Communication  f 
Conf  Pam  #404 


MESSAGE  OF  THE  1  RESIDENT. 


Richmond,  Va.,  Feb.  11,  1863. 
To  the  House  of  Represciilailves  : 

I  herewith  transmit  a  communication  from  the  Secretary  of  War, 
enclosing  copies  of  the  findings  of  a  General  Court  Martial,  in  the 
cases  of  persons  charged  with  desertion  and  absence  without  leave, 
being  a  response  to  your  resolution  of  the  27th  ult. 

JEFFERSON  DAVIS. 


COMMUNICATION  FROM  SECRETARY  OF  WAR. 


Confederate  States  of  America,  ^ 

War  Department,  > 

Richmond,  Va,,  Feb.  9,  1863.  ) 

His  Excellency,  The  President: 

Sir  :  In  response  to  a  resolution  of  the  House  of  Representatives, 
adopted  on  the  27th  ultimo,  I  have  the  honor  to  enclose  copies  of  the 
findings  of  the  General  Court  Martial,  held  at  Headquarters,  Rich- 
mond, for  the  month  of  January,  in  the  cases  of  persons  charged  with 
desertion  and  absence  without  leave. 

Very  respectfully, 

Your  obedient  servant, 

JAMES  A.  SEDDON, 

Secretary  of  War. 


COMMUNICATION  FROM   W.  S.  BARTON,  ASSISTANT 
ADJUTANT  GENERAL. 


HEADQUARTERS,  RICHMOND, 

February  26,  18G3. 

Respectfully  returned. 

The  original  proceedings  in  the  cases  in  which  the  sentences  have 
been  promulgated,  have  been  forwarded  to  the  Adjutant  and  Inspector 
General's  Oificc,  as  required  by  regulations. 

I  send  herewith  a  file  of  the  General  Orders,  issued  from  these 
headquarters,  which  furnish  the  "  copies  of  the  proceedings  "  required 
by  the  resolution  of  the  House  of  Representatives,  so  far  as  the  pro- 
ceedings of  the  courts  have  been  published. 

Private  L.  B.  Seymour,  Co.  E.,  oOth  regiment  North  Carolina 
troops,  was  tried  for  desertion,  and  convicted  by  a  General  Court  Mar- 
tial convened  at  the  Headquarters  of  Brigadier  General  Junius 
Daniel,  by  General  Order  No.  5,  of  October  8,  1862,  from  these  Head- 
quarters. 

The  twentieth  article  of  war  imposes  the  penalty  of  **  death,  or 
such  other  punishment  as  by  the  sentence  of  a  court  martial  shall  be 
inflicted"  upon  any  officer  or  man  convicted  of  "desertion." 

By  the  "  custom  of  war,"  as  shown  by  the  writers  of  both  Eng- 
land and  America,  and  well  established  usage,  the  punishments  of 
flogging,  branding  and  hard  labor,  can  be  inflicted  on  deserters  by 
courts  martial,  in  lieu  of  death. 

It  is  proper  to  remark  that  not  more  than  fifty  lashes  can  be  inflicted 
for  one  ofl'ence,  nor  was  it  proposed  to  allow  more  than  one  flogging 
to  be  inflicted  in  Seymour's  case ;  but  the  rest  would  have  been  remit- 
ted should  the  war  last  long  enough  to  subject  him  to  a  second. 

It  being  my  duty  especially  to  examine  these  records,  I  am  respon- 
sible for  advising  the  approval  of  the  sentence. 

W.  S.  BARTON, 
»      Major  and  Assistant  Adjutant  General. 


DISTRICT  HEADQUARTERS, 
Richmond,  Feb.  3,  18G3. 

Respectfully  returned  with  the  information  required. 

ARNOLD  ELZEY, 

Major  General  Commanding. 

Respectfullj  submitted  to  the  Secretary  of  War. 

S.  COOPER, 
Adjutant  and  Inspector  General. 


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http://www.archive.org/details/communicationfro23conf 


HEADQUARTERS,  RICHMOND, 
September,  1862. 


General  Orders, 

No.  9. 


I.  At  a,  General  Court  Martial,  convened  and  held  by  virtue   of 

General  Order?,   No.   93,  from   Headquarters   Department  Northern 

Va.,  at  the  camp  of  Brigadier  Gtneral  H.  A.  Wise's  Brigade,  on  the 

day  of  1862,  the  following  named  prisoners 

were  arraigned  and  tried  : 

Case  !.  Sergeant  George  M.  Humphries,  Co.  "  C,"  Light  Artillery 
Battalion. 

Charge — Violation  of  45th  Article  of  War. 
Specification — In  this,  that  he,  the  said  Sergeant  George  M, 
Humphries,  Co.  "  C,"  Light  Artillery  Battalion,  while  in  charge  of 
the  Light  Artillery  Battalion  Wise's  Brigade,  on  the  seventh  day  of 
Septemher,  was  drunk,  and  in  consequence,  unfit  to  discharge  the 
duties  of  his  office. 

FINDING. 

Of  the  specificaLion,  Not  Guilty. 

Of  the  charge.  Not  Guilty. 

The  accused  was  therefore  acquitted. 

Case  2.  Private  Lewis  Harcum,  Co.  '*  D,"  Light  Art,  Battalion. 
Chvrgf. — Violation  of  tlie  41st  Article  of  War. 
Specification — In  this,  that  he.  Private  Lewis  Harcura,  Co.  "  D," 
Light  Artillery  Battalion,  Wise's  Brigade,  did  leave  camp  on  the  6th 
day  of  September,  1862,  without  leave  ^rom  his  Commanding  Officer, 
and  did  proceed  to  Richmond,  Va.,  thereby  absenting  himself  from 
camp  and  the  ordinary  duties  of  camp  for  about  twelve  hours. 

SENTENCE. 

The  court  do  confirm  the  plea  of  guilty,  and  sentence  the  said 
private,  Co.  *'  D,"  Light  Artillery  Battalion,  to  seven  days'  confine- 
ment in  the  regimental  or  company  guard  house. 

Case  3.   Private  E.  M.  Ezekiel,  Co.  "  A,"  46th  Regt.  Va.  Vols. 
Charge. — Absence  without  leave. 

Specification — In  this,  that  said  Ezekiel  did,  on  or  about  the  17th 
day  of  August,  1862,  absent  himself  from  the  camp  of  the  •16th  Re- 
giment Va.  vols.,  without  obtaining  permission  so  to  do,  and  did  re- 
main away  until  the  18th  August,  1862,  all  this  at  the  camp  46th 
Regt.  Va,  Vols. 

FINDING. 

Of  the  charge,  Guilty. 

Of  the  specification.  Guilty. 

SENTENCE. 

The  court  do  acquit  the  accused,  believing  that  the  punishment 
which  he  ha.s  already  sufficred  sufficient  for  the  offence 
Case  4.   Private  James  J.  Martin,  Pamunkey  Artillery. 
Charge — Absence  without  leave. 


6 

Specification — In  this,  that  Private  James  J.  Martin  of  the  Pa- 
munkey  Artillery  did,  on  or  about  the  fourth  day  of  August,  leave 
his  camp  without  permission,  and  return  on  the  night,of  the  Gth  of 
August. 

FINDING    AND    SENTENCE. 

The  court  having  maturely  considered  the  case,  find  Private  James 
J.  Martin  of  the  Pamunkey  Artillery,  of  the  specification,  guilty;  of 
the  charge,  guilty;  and  the  court  do  acquit  the  accused,  inasmuch  as 
the  punishment  which  he  has  already  sulTerod  is  sufficient  for  the 
offence. 

Case  5.   Corporal  Lafayette  W.  Banks,  Pamunkey  Artillery. 
Charge — Absence  without  leave. 

Specification — In  this,  that  Corporal  Lafayette  W.  Banks  of  the 
Pamunkey  Ar  illery,  did  leave  his  camp  without  permission,  on  or 
about  the  night  of  the  2d  August,  or  morning  of  the  3d  August,  and 
returned  on  the  evening  of  the  5th  August,  having  been  sent  for  to 
be  apprehended, 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

And  the  court  do  therefore  sentence  the  said  Corporal  L.  W.  Banks, 
of  the  Pamunkey  Artillery,  to  be  reduced  to  the  ranks,  and  the  court 
is  thus  lenient  on  account  of  extenuating  circumstances. 

Case  6.  Private  F.  Weaver,  Co.  "  D,"  -Ith  Va.  Heavy  Artillery. 
CnvRGE — Drunk  on  duty. 

Specification — In  thi-,  that  the  said  Private  F.  Weaver,  of  the  said 
Company,  having  been  detailed  for  duty  on  camp  guard  on  the  9th 
September,  1862,  did  on  that  da^  become  so  intoxicated,  as  to  render 
him  incapible  of  performing  the  duties  appertaining  to  such  guard,  in 
consequence  whereof,  another  man  had  to  be  detailed  in  his  place. 
All  this  at  the  camp  of  the  4th  Regiment  Va.  Heavy  Artillery,  on 
Chaffiu's  farm,  on  the  9th  September,  1862. 

FINDING. 

The  court  having  maturely  considered  the  facts  of  the  case,  find 
Private  F.  Weaver,  Co.  "  D,"  4th  Va.  Heavy  Artillery. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SENTE.VCE. 

And  the  court  do  therefore  sentence  the  said  Private  F,  Weaver  to 
ten  days'  hard  labor  in  charge  of  the  Provost  Guard  at  Richmond,  with 
ball  weighing  12  lbs.  and  chain  attached  to  left  leg. 

Case  7.  Private  Wm.  Galium,  Co.  "  E,"  26th  Va.  Regt. 
CiuRGE  1st — Desertion. 

Specification  1st — In  this,  that  the  said  William  Galium  did,  on  or 
about  the  Gth  day  of  May,  1862,  leave  his  camp  and  regiment,  while 
on  the  m;ireh  from  Gloucester  Point,  remain  within  the  enemy's  lines, 
and  did  not  rejoin  his  company  until  brought  to  Richmond  by  a  de- 
tichmcnt  of  cavalry. 


FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty  of  absence  without  leave. 

SENTENCE. 

And  the  court  do  therefore  sentence  the  said  Wm.  Galium,  Private 
Co.  *'*  E,"  2oth  Va.  Regiment,  to  60  days'  hard  labor,  with  ball  weigh- 
ing 12  lbs.  and  chain  attached  to  left  leg,  in  charge  of  the  Provost 
Marshal  at  Richmond,  and  forfeit  his  pay  proper  for  (wo  months,  and 
the  court  is  thus  lenient  on  account  of  extenuating  circumstances. 

Case  8.  Sergeant  Wm.  R.  Haywood,  Co.  *'  E,"  25th  Regiment  Va. 
Volunteers. 

Charge  1st — Desertion. 

Specification  1st — In  this,  that  the  said  Wm.  R.  Haywood  did,  on 
or  about  tlie  6th  day  of  May,  1862,  leave  his  company  and  regiment, 
while  on  the  march  from  Gloucester  Point,  remain  within  the  enemy's 
lines,  and  did  not  rejoin  his  comp  mj  or  regiment  until  brought  to 
Richmond  by  a  detachment  of  cavalry. 

Charge  2d — Persuading  others  to  desert. 
Specification  1st — In  this,  that  he  did  pursuade  Wm.  Lemons,  and 
others  to  desert. 

finding. 
The  court  having  maturely  considered   the  evidence   adduced,  find 
Sergeant  Wm.  R.  ilaywood,  Co.  "  E,"  25th  Va.  Regt. 

Of  the  1st  specification  of  charge  2d,  Guilty. 

Of  charge  2d,  Guilty. 

Of  the  first  specification  of  charge  1st,  Guilty. 

Of  charge  1st,  Guilty. 

SENTENCE. 

And  the  court  do  therefore  sentence  the  said>  Sergeant  Wm.  R, 
Haywood,  Co.  ''E,"  25th  Va.  Vols.,  to  forfeit  all  pay  and  allowances 
now  due,  to  undergo  solitary  confinement  every  alternate  14  days, 
until  h3  has  completed  84  days  of  solitary  confinement,  under  charge 
of  the  Provost  Marshal  at  Richmond — to  perform  hard  labor  with  ball 
weighing  12  lbs.  and  chain  attached  to  the  left  leg  during  the  inter- 
vals— to  forfeit  all  pay  and  allowances  except  rations  and  necessary 
clothing,  during  the  period  of  confinement  and  labor:  and  at  the  ex- 
piration thereof  be  branded  with  the  letter  "  D,"  one  inch  in  length 
on  left  hip,  have  his  head  shaved  in  presence  of  his  regiment,  and  be 
drummed  out  of  the  service. 

Case  9.  Private  R.  B.  Seward,  Co.  "  G,"  26th  Va.  Regt. 
Ch\rge— Desertion.  •♦ 

Specification — In  this,  that  on  the  6th  day  of  May,  1862,  the  said 
Private  R.  B.  Seward,  left  his  company  in  King  and  Queen  county, 
as  it  was  on  the  march  from  Gloucester  Point,  and  that  he  went  to  his 
home,  and  did  not  again  report  for  duty  until  the  27th  day  of  July, 
1862. 

FINDING. 

Of  the  specification,  '         Guilty. 

Of  the  charge,  Guilty  of  absence  without  leave. 


8 

*  SENTENCE. 

And  the  court  do  therefore  sentence  the  said  Private  R  B.  Seward, 
Co.  "  G,"  26th  Va  llegt.,  to  thirty  days'  hard  labor,  with  ball  weigh- 
ing 12  lbs.  and  chain  attached  to  left  leg,  in  charge  of  the  Provost 
Marshal  at  Richmond;  and  to  forfeit  his  pay  proper  for  two  months. 

Case  10.  Private  A.  C.  Groorae,  Co.  "  B,"  26th  Regt.  Va.  Vols. 
CnARGR — Desertion. 

Specification — In  this,  that  the  said  Albert  C.  Groome,  a  private  in 
Co.  "  B,"  26th  Va.  Regt.,  did  desert  from  his  company,  on  or  about 
the  9th  day  of  May,  1862,  at  or  near  Hanover  Court  House,  Va.  ; 
after  an  ab.^cnce  of  two  months  and  twenty-one  days,  (July  SUth,)  ho 
voluntarily  returned  to  his  company. 

FINDING. 

Of  the  specification. 

Guilty  of  absenting  himself  without  leave. 
Of  the  charge,  Guilty  of  absence  without  leave. 

sentencf:. 
And  the  court  do  therefore  sentence  the  said  Private  Albert  C. 
Groome,  Co.  *•  B,"  26th  Va.  Regt.,  to  sixty  days'  hard  labor  with  ball 
weighing  12  lbs.  and  chain  attached  to  left  leg,  in  charge  of  the  Pro- 
vost Marshal  at  Richmond,  and  to  forfeit  his  pay  proper  for  two 
months. 

Case  11.  Private  Charles  W.  Hibble,  Co.  "  B,"  26th  Va.  Regt. 
Charge — Desertion. 

Specification — In  this,  that  the  said  Charles  W.  Hibble,  a  private 
Co.  "  B,"  26th  Regt.,  did  desert  from  his  company,  on  or  about  the 
5th  day  of  May,  1862,  between  Centreville  and  King  and  Queen 
Courthouse,  Va. ;  after  an  absence  of  three  months  and  i'our  day^s, 
(August  9th),  he  voluntarily  returned  to  his  company,  bringing  with 
him  his  gun  and  accoutrements 

FINDING. 

The  court  after  mature  consideration,  find  Private  Chas.  W.  Hibble, 
Co.  "  B,"  26th  Regt.  Va.  Vols. 
Of  the  specification, 

Guilty  of  absenting  himself  without  leave. 
Of  the  charge, 

Guilty  of  absenting  himself  without  leave. 

SENTENCE 

And  the  court  do  therefore  sentence  the  said  Chas.  W.  Hibble,  to 
ten  days'  confinement  in  the  regimental  guard  house,  and  we  the  mem- 
bers of  the  (^urt,  do  recommend  that  the  punishment  of  the  accused 
be  remitted  in  consequ'nce  of  the  circumstances  of  the  case. 

Case  12.  Private  W.  W.  Damel,  Co.  "  B,"  26th  Va.  Regt. 
Charge — Desertion. 

Specification — In  this,  that  the  said  W.  W.  Darnel,  Private  Co. 
*' B,"  26th  Regt.  Va.  Vols.,  did  desert  from  his  company,  on  or 
about  the  9th  day  of  May,  1862,  at  or  near  Hanover  Courthouse,  Va.; 
after  an  absence  of  two  months  and  twenty-one  days,  (July  39th),  ho 
voluntarily  returned  to  his  company. 


FINDING. 

The  court  after  mature  consideration,  find  Private  W.  W.  Darnel, 
Co.  "  B,"  26th  Va.  Regt. 
Of  the  specification, 

Guilty  of  absenting  himself  without  leave. 
Of  the  charge,  Guilty  of  absence  without  leave. 

SENTENCE. 

The  court  do  therefore  sentence  the  said  Private  W.  W.  Darnel,  Co. 
**  B,"  26th  Va.  Regt.  to  sixty  days'  hard  labor,  with  ball  weighing  1^ 
lbs.  and  chain  attached  to  left  leg,  and  to  forfeit  his  pay  proper  for 
two  months. 

Case  13.  Private  Wm.  D.  Baker,  Co.  '' B,"  26tli  Va.  Regt. 
Charge — Desertion. 

Specification — In  this,  that  the  said  Wm.  D.  Baker,  a  private  in 
Co.  "  B,"  on  or  about  the  4th  day  of  May,  1862,  near  (-entreviile, 
Va.,  after  an  absence  of  two  months  and  twenty-fi%  days,  (July  29th), 
he  voluntarily  returned  to  his  company,  bringing  with  his  gun  and 
accoutrements. 

FINDING. 

The  court  after  mature  consideration,  do  find  the  said  Private  Win. 
D.  Baker.  Co.  "  B,"  26tb  Va.  Regt. 

Of  the  specification.  Not  Guilty. 

Of  the  charge,  Not  Guilty. 

SENTENCE. 

They  do  therefore  acquit  the  accused. 

Case  14.   Private  Dunbar  Edwards,  Co.  *' C,"  26th  Va.  Regt, 
Ch  rge — Absence  without  leave. 

Specification — In  thi%  that  the  said  Dunbar  Edwards  was  sent  home 
sick  by  the  Surgeon,  on  or  about  the  2!lth  day  of  April,  1S62,  and 
that  he  did  not  return  to  his  company  or  regiment,  until  he  was  ar- 
rested and  put  in  Castle  Godwin,  from  which  place  he  was  taken  and 
brought  to  bis  company,  on  the  7th  day  of  August,  1862. 

FINDING. 

The^urt  after  mature  consideration,  find  private  Dunbar  Ediiard.^, 
Co.  ''  (^'  26th  Va.  Regt. 

Of  the  specification.  Guilty. 

Of  the  charge,  Net  Guilty. 

And  the  court  do  therefore  acquit  the  said  Private  Dunbar  Edwards, 
Co.  "  C,"  26th  Va.  Regt. 

Case  15.   Captain  J.  II.  Rivers,  Co.  **  C,"  Light  Art.  Battalion. 

Cn\RGE — Absence  without  leave. 
Specificatif)n — In  this,  that  he,  the  said  Captain  J.  11.  Rivers,  did 
on  or  about  the    16th  day  of  July,    1862,  absent  himself  from  camp 
until  the  18th  day  of  July,  1862,  without  the  leave  or  permission  of 
his  commanding  officer. 

FINDING. 

The  court  after  mature  consideration,  do  find  Captain  J.  II.  Rivers, 
Co,  '*  0,"  Light  Artillery  Battalion,  as  follows  : 

Of  the  specification,  Not  Guilty. 

Of  the  charge,  Not  Guilty. 


10 

SENTENCE. 

And  the  court  do  therefore  honorably  acquit  the  said  Captain  J,  II. 
Rivers,  Co.  "  (J,"  Light  Artillery  Battalion,  inasmuch  as  it  appears 
from  the  evidence  that  he  had  never  beeh  oliicially  notified  that  Major 
Starke  was  his  commanding  officer. 

Case  16.  Private  Wm.  D.  Tucker,  Co.  *'  C,"  2Gth  Va.  Regt. 
Chauge — Absence  without  leave. 

Specification — In  this,  that  the  said  Wm.  D.  Tucker  was  sent  home 
»ick  by  the  surgeon,  on  or  about  the  20th  day  of  April,  lfS62,  and 
ttat  he  did  not  return  to  his  company  and  regiment,  until  he  was 
mrrestcd  and  put  in  Castle  Godwin,  from  which  place  he  Avas  taken  and 
brought  to  his  company,  on  the  7th  day  of  August,  1862. 

FINDING. 

The  court  after  mature  consideration,  find  Private  Wm.  D.  Tucker, 
Co.  -  C,"  26th  Va.  Hvgt. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

And  the  court  do  therefore  sentence  the  said  W^m.  D.  Tucker,  Co, 
*' C,"  26th  Va.  Regt.,  to  fifteen  days'  hard  labor,  with  ball  weighing 
12  lbs.  and  chain  attached  to  left  leg,  in  charge  of  the  Provost  Mar- 
shal at  Richmond. 

Case  17.  Private  Benjamin  Dudley,  Co.  "  C,"  26th  Va.  Regt. 
Charge  2d — Desertion. 

Specification — In  this,  that  the  said  Benjamin  Dudley  did.  without 
leave  absent  himself  froffl  his  company  and  regiment,  at  St.  Stephens' 
Church  in  King  and  Queen  county,  on  the  7th  day  of  May,  1862,  and 
did  not  return  thereto,  until  he  was  arrested  and  put  in  Castle  God- 
win, from  which  place  he  was  taken  out  and  brought  to  his  coaapany, 
en  the  7th  day  of  August,  1862. 

FINDING. 

The  c:>urt  after  mature  consideration,  find  Private  Benjamin  Dud- 
ley, Co.  "C,"  2Gth  Va.  Regt. 

Of  the  specification,  Guiltj^ 

Of  the  charge,  Guilty. 

SENTENCE. 

And  the  court  do  therefore  sentence  the  said  Benjamin  Dudley,  to 
forfeit  all  pay  and  allowances  now  due  him,  be  branded  on  the  left  hip 
with  the  letter  D  one  inch  in  h  ngth,  have  his  head  shaved  in  the  pre- 
sence of  his  regiment  and  be  drummed  out  of  the  service. 

Case  18.  John  M.  Nye,  Private  in  Co.  *' A,"  26th  Regt.  Va.  Vols, 
Chauge  1st — Desertion. 

Specification — In  this,  that  the  said  John  M.  Nye  did,  on  the 
evening  of  the  4th  day  of  May,  1863,  leave  his  company  and  regi- 
ment, at  Centreville,  King  and  Queen  county,  Va.,  without  permis- 
sion, and  go  to  Gloucester  county,  Va.,  where  he  found  and  captured 
on  the  day  of  ,  1862,  by  a  detachment  of  Confederate 

States  cavalry,  under  command  of  Lieutenant  Fitzhugh  of  the  M.  L. 
Dragoons,  and  brought  into  Richmond. 


11 

FINDING. 

The  court  after  mature  consideration,  find  Private  John  M.  Nye, 
Co.  "  A,"  26th  Regt.  Va.  Vols. 

Of  the  specification,  Guilty. 

Of,  the  charge,  Guilty. 

SENTENCE. 

And  the  court  do  therefore  sentence  the  said  John  M.  Nye,  to  for- 
feit all  pay  and  allowances  now  due,  be  branded  on  the  left  hip  with 
the  letter  D  one  inch  in  length,  have  his  head  shaved  in  the  presence 
of  his  regiment,  and  be  drummed  out  of  the  service. 

Case  19.  Private  Wm.  A.  Ballomc,  Co.  '' C,"  4th  Va.  Heavy  Art. 
CiivRGE — Violation  of  the  7th  Article  of  War. 

Specification  1st — In  this,  that  Private  William  A.  Ballome  of  Co. 
**C,"  4th  Va.  Heavy  Artillery,  did  write  and  sign  a  petition  to  his 
Captain  and  1st  Lieutentant  to  resign  their  commissions  as  oflicers  in 
the  Confederate  States  Army,  stating  that  he  did  not  wish  to  serve  under 
them  any  longer. 

Specification  2d — In  this,  that  Private  William  A,  Ballome,  of  Co. 
'*  C,"  4th  Va.  Heavy  Artillery,  did  pursuade  others  of  the  said  com- 
pany to  sign  a  petition  to  his  Captain  and  1st  Lieutenant  to  resign 
their  commissions  as  officers  in  the  C.  S.  Army;  all  this  without 
ciuse  or  provocation,  at  the  4th  Artillery  camp  near  Chaffin's  Bluff, 
on  or  about  the  6th  of  August,  18^)2. 

FINDING. 

The  court  after  mature  deliberation,  find  Private  Wm.  A.  Ballome, 
Co.  "  C,"  4th  Va.  Heavy  Artillery:  of  specification  2d,  rtot  guilty; 
of  specification  1st,  guilty,  e.xcept  the  words,  "  write  and;  "  of  charge, 
guilty  of  conduct  prejudicial  to  good  order  and  military  discipline. 

SLNTENCE. 

In  consequence  of  extenuating  circumstances,  as  shown  by  the  evi- 
dence, the  court  is  unanimously  of  the  opinion  that  the  confinement 
which  the  accused  has  already  unter^jofie  is  sufficient  punishment  for 
his  offence. 

Case  20.  Private  Philip  G.  Yuille,  Co.  "  C,"  4th  Va.  Heavy  Art. 
Charge — Violation  of  7th  Article  of  War. 

Specification  1st — In  this,  that  Private  Philip  G.  Yuille,  Co  "  C," 
4th  Va.  Heavy  Artillery,  did  sign  a  netition  to  his  Capiain  and  Ist 
Lieutenant  to  resign  their  commissions  as  officers  in  the  C.  S.  Army, 
stating  that  he  did  not  wish  to  serve  under  them  any  lotiLrer. 

Specification  2d— In  this,  that  Private  Philip  G.  Yuille,  Co  "  C," 
4th  Va,  Artillery,  did  pursuade  others  of  the  said  company,  to  sign  a 
petition  to  his  Captain  and  1st  Lieutenant  to  resign  their  positiotis  as 
officers  in  the  Confederate  States  Army;  all  this  without  cause  or 
provocation,  at  the  4th  Artillery  camp  near  Chaffin's  Bluff,  on  or 
about  the  6th  August,  1 862. 

FINDING. 

The  court  after  mature  consideration,  find  the  accused  not  guilty  of 
second  specification  ;  guilty  of  first  specification  ;  of  charge,  guilty 
of  conduct  prejudicial  to  good  order  and  military  discipline. 


12 

SENTENCE. 

And  in  consequence  of  exteriuat  ng  consequences,  as  shown  by  the 
evidence,  is  unanimously  of  opinion  that  the  confinement  which  the 
accusei  has  already  undergone  is  sufficient  punishment  for  his  offence. 

Case  21.   Private  Wm.  I^.  Butts,  Co.  ''  C, '  4th  Va.  Heavy  Art. 
Charge — A'iolation  of  the  2Uth  Article  of  War. 

Specification — In  this,  that  the  accused  di<l  leave  camp  on  the  27th 
«Iuly,  I8G2,  without  permission,  and  did  not  return  until  arrested  by 
pickets  on  the  James  River  ,ind  Kanawha  canal,  near  Lynchburg,  and 
confined  in  Castle  Godwin,  at  llichmuud,  on  or  about  the  Gih  August, 
18G2. 

FINDING. 

The  court  after  mature  consideration,  find  the  accused: 
Of  tiie  specification, 

Guilty,  except  the  words.  "  near  Lynchburg." 
Of  the  charge.  Guilty  of  absence  without  leave. 

.SEN  TEN  OF.. 

And  the  court  do  therefore  sentence  the  accused  to  31)  days'  hard 
labor  with  ball  weighing  12  lbs.  and  chain  attached  to  left  leg,  in 
charge  of  the  Provost  Marshal  at  llichmond. 

Case  22.  Private  IL  T.  Sbiflett,  Co.  "  I),"  4th  Va.  H.  Artillery. 
Charge — Conduct  to  the  prejudice  of  good  order  and  military 
discipline. 

Specification  1st — In  this,  that  Private  II.  T.  Shiflett,  Co.  '' D," 
4th  Va.  II.  Artillery,  did  threaten  the  lives  of  his  officers  saying,  if 
ever  they  went  into  battle  they  would  not  come  out  alive,  or  words  to 
that  effect. 

Specification  2nd— In  this,  that  Private  IL  T.  Shiflett,  of  4th  Va.  H. 
Artillery,  did  use  insolent  language  to  his  Captain,  when  he  had  him 
■confined,  saying:  "I  hope  you  will  keep  me  in  the  guard  house  until 
the  end  of  the  war,"  or  words  to  that  effect.  All  this  at  the  4th 
Artillery  camp,  near  Chaffin's  Bluff,  on  or  about  the  16th  day  of 
'  August,  1862. 

FIMHNG. 

The  court  after  mature  consideration,  find  the  accused  guilty  of 
specification  second;  i  ot  guilty  of  specification  first;  guilty  of 
charge. 

sentence. 

And  the  court  do  .therefore  unanimously  concur  in  the  opinion  that, 
inconsequence  >f  extenuating  circuuistances,  as  shown  by  the  evidence, 
the  confinement  which  the  accused  has  already  undergone  is  sufficient 
punit>hment  for  the  offence. 

Case  23.  Private   Alfred  M.   Edwards,  Co.  "  II,"  26th  Va.  Regt. 
(•HARGE — Absence  without  leave. 

Spccifiation — In  this,  that  the  said  i'rivate  Alfred  M.  Edwards  did, 
on  the  'zud  day  of  May,  1862,  leave  Gloucester  Point,  a  then  military 
post,  on  sick  leave,  by  order  of  the  acting  Surgeon  of  said  military 
post,  in  retreat  from  the  same,  transportation  being  fuiiiished,  and 
that  the  said  private  Alfred  M.  Edwards,  on  arriving  at  West  Point 
in  King  William  county,  did  leave   said   West  I'oint  and  go  to  his 


13 

home,  -within  the  lines  of  the  enemy,  and  did  there  remiiin  until  the 
3rd  day  of  August,  1862,  on  which  day  the  said  Alfred  M  Edwards, 
did  report  in  person  co  his  company.  All  this  at  Chaffiirs  farm, 
August  4th.  1862. 

FINDING. 

The  court  after  mature  consideration  find  the  accused : 

Of  the  specification,  Guilty, 

Of  the  charge,  Not  Guilty. 

SENTENCE. 

And  the  court  do  therefore  acquit  the  accused. 

Case  24.  Private  Beverly  Groom,  Co.  ''11,"  26th  Va.  Vols. 
Oh  < ROE — Absence  without  leave. 

Specification — In  this,  that  the  said  Beverly  Groom,  did  on  tho 
second  day  of  May,  1862,  leave  Gloucester  Point,  a  then  military 
post,  with  Surgeon's  permission,  in  retreat  from  said  Gloucester  Po^nt 
to  go  to  Richmond,  and  to  report  to  his  company  in  ten  d;iys,  and 
that  instead  of  doing  as  directed,  did  go  to  his  home  within  the  lines 
of  the  enemy,  and  did  there  remain  until  the  9th  day  of  July,  1862, 
on  which  .'.ay  the  said  Private  Beverly  Groom,  did  report  in  person  to 
his  company.     All  this  at  camp  Chaffin's  farm,  July  31),  1862. 

FrNDING. 

The  court  after  mature  consideration,  do  find  the  accused,  guilty  of 
the  specicaiion,  except  the  words  "  in  ten  days ;"  not  guilty  of  tho 
charge. 

SENTENCE. 

And  the  court  do  therefore  acquit  the  accused. 

Case  25.   Private  Joseph  M.  Shelton,  Co.  II,  26th  Va.  Vols. 
Charge — Desertion. 

Specification — In  this,  that  the  said  Private  Joseph  M.  Shelton  did, 
on  the  2nd  day  of  May,  1832,  leave  Gloucester  Point,  a  then  military 
post,  where  his  company  was  then  stationed,  in  Quartermaster  Capt. 
James  A  Crump's  department,  on  board  of  a  pungy  vessel,  with  Q. 
M.  and  C.  stores,  in  retreat  from  said  Gloucester  Point,  and  that 
on  or  about  the  17th  day  of  May,  1862,  the  said  Private  Joseph  M. 
Shelton,  was  discharged  from  said  pungy  vessel,  and  that  instead  of 
coming  to  his  company  he,  the  said  Joseph  M.  Shelton,  did  go  back 
to  hi».home  within  the  lines  of  the  tnemy,  and  did  there  remain  until 
about  the  8th  day  of  May,  1862,  on  which  day  he  reported  to  his 
company  at  camp  Chafl&n.     All  this  at  camp  Chaffin,  July  30,  1862. 

FINDRG. 

The  court  after  mature  consideration  find  the  accused : 
Of  the  specification.  Guilty. 

Of  the  charge,  Not  Guilty. 

sentence.^ 

And  the  court  do  therefore  acquit  th^  accused. 

Case  26.  Private  Richard  Groom,  Co.  <' 11,"  26th  Va.  Vols. 

Charge — Desertion, 
Specification — In  this,  that  the  said   Private  Richard  Groom,  did 


14 

on  the  second  day  of  Ma}^  1862,  leave  Gloucester  Point,  a  then 
military  post,  where  his  company  was  then  stationed,  in  Quartermaster 
Jas.  II.  Crump's  department,  on  board  of  apungy  vessel  with  Q.  M.  and 
C.  stores,  in  retreat  from  said  Gloucester  Point,  and  that  on  or  about 
the  17th  da}'  of  May,  1862,  the  said  private  was  discharged  from  said 
pungy  vessel,  and  that  instead  of  coming  to  his  company  he,  the  said 
Richard  Groom,  did  go  back  to  his  home  within  the  lines  of  the 
enemy,  and  did  there  remain  until  the  26th  day  of  July,  1862,  on 
which  day  he  reported  to  his  company  at  camp  Chaffin's  farm.  All 
this  at  camp  Chaffin's  farm,  July  30,  1862. 

FINDING. 

The  court  after  mature  consideration,  do  find  the  accused: 
Of  the  specification  Guilty. 

Of  the  charge.  Not  Guilty. 

SENTENCE. 

And  the  court  do  therefore  acquit  the  accused. 

Case  27.  Private  Benjamin  J.  Thrift,  Co.  A,  26th  Ya.  Vols. 
Cn  4RGE — Desertion. 

Specification — In  this,  that  the  said  Benj.  J.  Thrift  did,  on  the 
morning  of  the  4th  day  of  May,  1862,  on  the  retreat  from  Gloucester 
Point,  leave  his  company  and  regiment  at  Gloucester  C.  II.,  without 
permission,  and  go  to  his  home  in  Gloucester  county,  Va.,  and  did  not 
return  to  his  company  until  the  25th  day  of  August,  1862,  after  the 
defeat  of  the  enemy  before  Richmond,  and  tlie  evacuation  of  Glou- 
cester county  by  the  enemy. 

FINDING. 

The  court  after  mature  consideration,  do  find  the  accused : 
Of  the  specification  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

And  the  court  do  therefore  sentence  the  said  Benjamin  J.  Thrift, 
to  twelve  months'  hard  labor,  w^ith  ball  weighing  12  lbs.  and  chain  at- 
tached to  the  left  leg,  in  charge  of  the  Provost  Marshal  at  Richmond. 

Case  28.  Private  John  W.  Smith,  Co.  "  E,"  26th  Va.  Vols. 
Cii  \nGE — Desertion. 

Specification — In  this,  that  the  said  John  W.  Smith  did,  on  or  about 
the  5th  day  af  May,  1862,  leave  his  company  and  regiment,  while  on 
the  march  from  Gloucester  Point,  remain  within  the  enemy's  lines, 
and  did  not  rejoin  his  company  until  about  the  19th  July,  after  the 
repulse  of  the  enemy  around  Richmond. 

FINDING. 

The  court  after  mature  consideration,  find  the  accused: 

Of  the  specification.  Guilty. 

Of  the  charge.  Guilty  of  absence  without  leave. 

SENTENCE. 

And  the  court  do  therefore  sentence  the^  accused  to  sixty  days'  hard 
labor  with  ball  weighing  12  lbs.  and  chain  attached  to  left  leg,  in 
charge  of  the  Provost  Marshal  at  Richmond,  and  to  forfeit  his  pay 
proper  for  two  months. 


15 

Case  29.  Trivate  Samuel  Grinald,  Co.  *'  G,"  46th  Va.  Vols. 
Chahge  Isr — Violation  of  the  46th  Article  of  War, 

Specification  1st — In  this,  that  the  said  Samuel  Grinald,  of  Co. 
"  G,"  4Gth  Va.  Regt.,  was  found  sleeping  on  his  post,  -whilst  posted 
as  a  sentinel,  guarding  some  beef  cattle  near  Mr.  ChaflSn's  farm,  in 
the  county  of  Henrico,  in  the  State  of  Virginia. 

Charge  2d — Violation  of  the  99th  Article  of  War. 

Specification  1st — In  this,  that  the  said  Private  Samuel  Grinald,  of 
the  company  and  regiracnt  aforesaid,  on  or  about  the  2nd  dny  of 
August,  1862,  and  wliilst  posted  as  a  sentinel  to  guard  four  beef- 
cattle,  the  property  of  the  Confederate  States  of  America,  did  negli- 
gently suffer  and  permit  said  cattle  to  escape  from  the  enclosure 
wherein  he,  the  said  Samuel  Grinald,  was  directed  to  keep  said  cattle, 
whereby  and  by  reason  of  the  negligence  of  the  said  Grinald,  the  said 
cattle  were  wholly  lost  to  the  Confederate  States.  This  near  the  camp 
of  the  46th  Regt.  Va.  Vols.,  in  the  county  of  Henrico,  and  State  of 
Virginia. 

FINDING. 

The  court  after  mature  consideration,  do  find  the  accused: 
Of  specification  of  charge  1st,  Not  Guilty. 

Of  charge  1st,  Not  Guilty. 

Of  the  specification  of  charge  2nd.  Guilty, 

(except  the  words  "  whereby  and  by  reason  of  the  negligence 
of  the  said  Grinald,  the  said  cattle  were  wholly  lost  to  the 
Confederate  States.") 

SENTENCE. 

And  the  court  is  of  the  opinion  that  the  punishment  which  the 
accused  has  already  suffered,  is  suflScicnt  for  his  offence. 

Case  30.  Private  John  Cox,  Co.  "  E,"  24th  V:^  Vols. 
Chargf. — Desertion.  _ 

Specification — In  this,  that  the  said  John  Cox  did,  on  or  about  the 
2nd  day  of  May,  1862,  leave  his  company  and  regiment,  while  at 
Gloucester  Point,  remain  within  the  enemy's  lines,  and  did  not  rcjoia 
his  company  until  about  the  21st  August,  1862,  after  the  repulse  of 
the  enemy  around  Richmond. 

FINDING. 

The  court  after  mature  consideration,  do  find  the  accused: 
Of  the  specification,  Guilty. 

Of  the  charge.  Not  Guilty. 

SENTENCE. 

The  court  do  therefore  sentence  the  accused  to  60  days'  hard  labor 
with  ball  weighing  12  lbs.  and  chain  attached  to  left  leg,  in  charge  of 
the  Provost  guard  at  Richmond,  and  to  forfeit  his  pay  proper  for  two 
months. 

'Case  31.  Private  Garry  West,  Co.  "  E,"  26th  Va.  Vols. 
Charge — Desertion. 
Specification — In  this,  that  the  said   Garry  West  did,  on  or  about 
the  2d  dny  of  May,  1862,  leave   his  company  and  regiment  at  Glou- 
cester Point,  remain  within  the  enemy's  lines,  and  did  not  rejoin  his 


IG 

company  until  the   lOtli  day  of  July,  after  the  repulse  of  the  enemy 
around  Richmond. 

FINDING. 

The  court  after  mature  consideration,  do  find  the  accused: 
Of  the  specification,  Guilty. 

Of  the  charge,  Guilty  of  absence  without  leave. 

6ENTKNCE. 

And  the  court  do  therefore  sentence  the  accused  to  be  confined  15 
days  in  the  rej:;imental  guard-house,  and  to  forfeit  one  month's  pay, 
nnd  the  court  is  tiius  lenient  on  account  of  his  youi^h,  and  evident 
simplicity  of  the  accused. 

Case  32.  Trivute  R.  B.  Gillara,  46th  Va.  Vols. 
CiiARGi: — Absence  without  leave. 

Specification — In  this,  that  the  said  Gillam  did,  on  Saturday,  the 
I6th  August,  18G2,  leave  the  camp  of  the  4Gth  regiment,  without 
obtaining  permission  so  to  do,  and  did  remain  abs:;nt  until  Monday, 
the  18th  Aug.,  1862.     This  at  the  camp  of  the  46th  Va.  Regt.,  18G2. 

FINDING. 

The  court  after  mature  consideration,  find  the  accused : 

Of  the  specification,  Guilty, 

Of  the  charge,  Guilty, 

SFN7ENCE. 

And  the  court  is  of  opinion  that  the  punishment  which  the  accused 
has  already  sufi"ered  is  sufiBcient  for  his  offence. 

Case  33.  Private  John  L   Robinson,  Co.  *'A,"  4Gth  Va.  Vols. 
Cmargr — Absence  v.ithout  leave. 

Specification — In  this,  that  the  said  Robinson  did  leave  the  camp 
of  the  4Gth  regiment,  on  Sunday,  the  17th  August,  1862,  without 
obtaining  leave  so  to  do,  and  did  remain  awav"  until  Monday,  the  18th 
of  August,  1SG2.  This  at  the  camp  of  the  46th  Va.,  August  18, 
1862. 

FINDING. 

The  court  after  mature  consideration,  find  the  accused: 

Of  the  ?peoification,  Guilty. 

Of  the  charge.  Guilty. 

SENTENCE, 

And  the  court  is  of  opinion  that  the  punishment  which  the  accused 
has  already  suffered  is  sufficient  for  his  offence. 

Case  34,  Private  R.  M.  Carter,  Co.  *'A,"  46th  Va.  Vols. 
CiiARGK — Absence  without  leave. 

Specification — In  this,  that  the  accused  on  the  19th  day  of  August, 
1862,  did  leave  the  camp  of  the  46th  Va.  Regt..  without  obtaining 
permission  so  to  do,  and  did  not  return  until  the  20th  August,  1862. 
All  this  at  camp  of  the  46th  Va.  Vols. 

FINDING. 

The  court  after  mature  consideration,  do  find  the  accused : 
Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 


17 

SENTENCE.  * 

And  the  court  is  of  the  opinion  that  the  punishment  which  the 
accused  has  al ready  suiTered  is  sufficient  for  his  offence. 

Case  35.  Private  Geo.  0.  Tjler,  Co.  *'A,"  46th  Va.  Vols. 
Charge— Absence  without  leave 

Specification — la  this,  that  the  said  Tyler  did,  on  or  about  Sunday, 
the  nth  inst.,  leave  the  camp  of  the  4Gth  regiment,  without  obtaining 
leave  so  to  do.  and  did  remain  absent  until  the  morning  of  Tuesday, 
the  IDth.  All  this  at  the  carap  of  the  46th  Va.  Regt.,  August  20, 
1862 

FINDliNG. 

The  court,,  after  mature  consideration  do  find  the  accused  : 
Of   the  specific  ition,  Guilty. 

Of  the  charge,  Guilty. 

SENTF.XCE. 

And  the  court  is  of  the  opinion  that  the  punishment  which  the  ac- 
cused has  already  suffered  is  sufficient  for  his  ofi"ence. 

Case  3G.  Private  Charles  W.  Adkinson,  Co.  "  1,  "  4th  Va.  H.  Arkil- 
Icry. 

Charge— Desertion. 

Specification— -In  this,  that  the  accused  did,  on  or  about  fche  16th 
day  of  August.  1862,  absent  himself  from  his  camp  and  regiment, 
without  leave  from  his  commanding  officer,  and  did  not  return  to  his^ 
company  until  on  or  about  August  26th,  after  he  had  been  arrested  by 
a  guard  on  the  Appomattox  river,  where  the  Richraofld  and' Danville 
Railroad  crossed  'he  said  river,  from  whence  he  was  brought  to  Rich- 
mond and  lodged  in  prison.  All  this  at  the  camp  of  the  4th  Regi- 
ment Va.  H.  Artillery,  on  Chaffin's  farm,  the  16th  July,  1862. 

FINDING. 

And  the  court,  after  mature  consideratioa,  find  the  accused  : 
Of  the  specification,  Guilty. 

Of  the  charge,  Guilty  of  absence  without  leave.. 

SENTENGS. 

And  the  court  do  therefore  sentence  the  accused  to  be  confined  seven 
days  in  the  regimental  guard  house,  and  to  the  limits  of  his  camp  for 
the  period  at  one  month,  at  the  same  time  performing  his  daily  duties 
as  a  soldier. 

II.  The  proceedings  and  findings  in  the  foregoing  cases  are  ap- 
proved, and  the  sentences  confirmed,  and  will  be  carried  into  execu- 
tion, with  the  exceptions  following  : 

Upon  the  recommendation  of  the  court,  the  sentence  M'l^rivate"- 
Charles  W.  Hibblc,  Co.  "  R,  "  2Gth  Va.  Regt  ,  is  remitted,  and  he, 
will  be  returned  to  duty. 

The  proceedings  in  the  case  of  iVivate  Wm.  V.  Tucker,  Co.   '•  C.  " 
2Gtli  Va.  Regiment,  are  disapproved,  the   charge  not  being  sustained 
by  the  evidence.     The  sentence   will  therefore  be  confirmed,  but  the 
prisoner  will  be  released  and  returned  to  duty. 
2 


18 

The  procceifings  in  the  case  of  Benj.  Dudley,  Co.  "  C, "  26th  Va. 
Regiment,  are  approved,  but  on  account  of  the  meagerntss  of  the 
proof,  as  to  important  facts,  and  the  previous  good  character  of  the 
prisoner  as  a  soldier,  the  sentence  is  remitted  except  the  forfeiture  of 

pay- 

The  procedings,  findings  and  sentence  in  the  case  of  John  II.  Nye, 
private  Co.  '*  A,"  24th  Va.  Regiment,  are  disapproved.  There  is  no 
direct  evidence  showing  when  or  where  the  crime  charged  was  com- 
mitted, or  indeed  that  the  crime  Avhich  was  committed,  was  desertion. 
It  only  appears  incidentally  that  the  prisoner  left  his  company  at  all ; 
it  does  not  appear  that  he  left  it  at  King  and  Queen  county,  either 
with  or  without  leave;  that  he  went  to  Cloucester  county  and  was 
found  and  captured  there  on  the  day  indicated  in  the  charge,  or  any 
other  day,  or  being  so  captured  was  brought  to  Richmond.  The  evi- 
dence does  not  sustain  the  charge.  The  prisoner  will  therefore  be 
relieved  and  returned  to  duty. 

The  proceedings  in  the  case  of  Wm.  A.  Ballome  and  I'hiHip  P. 
Yuille,  Co.  "  C, "  4th  Va.,  Artillery,  are  disapproved,  for  the  follow- 
ing reasons  :  1st.  The  facts  charged  in  the  specification  do  not  consti- 
tute mutin}'.  2nd.  Where  a  written  document  constitutes  the  gist  of 
an  oiTence,  it  must  be  set  forth  in  the  charge  verbatim.  In  these  cases 
the  written  document  is  neither  embraced  in  the  charges,  nor  does  it 
appear  at  all  in  the  records.  3rd.  Where  a  violation  of  a  particular 
Article  of  War  is  charged,  as  such,  the  court  cannot  find  the  accused 
guilty  under  another  article,  even  if  that  article  relates  to  a  less  degree 
of  the  fame  offence  set  forth  in  the  article  charged,  which  it  does  not 

in  this  case.  Under  a  charge  therefore  of  ''  Violation  of Article 

of  War,  "  the  court  find  guilty  of  conduct  to  prejudice  of  good  order 
and  military  dicipline.  The  prisoners  will  be  released  and  returned  to 
duty. 

The  proceeding  in  the  case  of  Private  Wm.  R.  Butts,  Co.  "  C, "  4th 
Va.  Heavy  Artillery,  arc  disapproved — evidence  being  introduced 
unsupported  by  oath,  to  disprove  the  confession  of  the  prisoner,  which 
was  itself  introduced  by  the  prosecution  The  prisoner  will  be  released 
and  returned  to  duty. 

By  command  of  Major  General  G.  AV.  Smith, 

SAMUEL  W.  MELTON, 

Major  and  Assistant  Adjutant  General. 


HEADQUARTERS,  RICHMOND,  VA., 

November  8,  1862. 


General  Orders, 
No.  12. 


I.  At  a  General  Court  Martial  convened  and  held  by  virtue  of  Gen- 
eral Order,  No.  6,  from  these  headquarters,  at  the  camp  of  Brigadier 
General  H.  A.  Wise's  Brigade,  on  the  15th  October,  1862,  the  follow- 
ing named  prisoners  wore  arraigned  and  tried: 

Case  1.  Private  John  W.  Sncad,  "Lunenburg  Rebel  Artillery.'" 
Charge — Absence  without  leave. 

Specification — In  this,  that  Private  John  W.  Snead,  of  the  Lunen- 
burg Rebel  Artillery,  having  a  sick  furlough  for  15  days,  commencing 
on  the  7th  June,  1862,  did  not  join  his  company  until  brouglit  back 
on  the  19th  July,  1862,  by  a  guard  sent  to  Lunenburg  county  for  that 
purpose. 

FINDING. 

Of  the  specification,  •  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

To  lose  his  pay  proper  for  two  months;  but  on  account  of  the  ex- 
tenuating circumstances  of  the  case,  the  court  would  earnestly  and 
respectfully  recommend  tliat  the  foregoing  sentence  be  remitted. 

Cas«  2.  Private  Edward  M.  Elder,  "Lunenburg  Rebel  Ardllcry.'" 
Charge — Absence  without  leave. 

Specification — In  this,  that  Private  Edward  M.  Elder,  of  the  Lunen- 
burg Rebel  Artillery,  having  a  sick  furlough  for  ten  days,  commencing 
on  the  7th  of  April,  1862,  did  not  rejoin  his  company  until  brought 
back  on  the  19th  of  July,  1862,  by  a  guard  sent  to  Lunenburg  county 
for  that  purpose.  ^ 

FlNDIf  G. 

Of  the  specification,  Guilty. 

Of  the  charge.  Not  guilty. 

And  the  court  do  therefore  acquit  the  accused. 
Case  3.  Private  Joshua  G.  Jackson,  "  Lunenburg  Rebel  Ar:illery." 

Charge — Absence  without  leave. 
Specification — In  this,  that  Private  Joshua  G.  Jackson,  of  the  Lu- 
nenburg Rebel  Artillery,  having  a  sick  furlough  for  20  days,  commen- 
cing on  the  6th  May,  1862,  did  not  rejoin  his  company  until  the  17th 
of  July,  1862. 


2C 

FINDING. 

or  the  specification,  Guilty, 

Of  tlje  chiirge,  Not  guilty. 

An<l  the  court  do  therefore  acquit  the  accused. 
Case  4.    Private    James    \V.  Parrish,    of  the    "  Lunenburg    Rebel 
Artillery." 

Charge — Absence  without  leave. 
Specification — In  this,  that  Private  .Tas.  W.  Parrisli,  of  the  Lunen- 
burg Rebel  Artillery,  having  a  Hick  furlough  for  loday^".  couiinoncing 
on  the  IDth  May,  1862,  did  not  rejoin  his  company  until  brought  back 
on  the  19th  July.  1862,  by  a  guard  sent  to  Lunenburg  county  for 
that  purpose. 

FINDING. 

Of  the  specification  Guilty. 

Of  the  charge,  Not  guilty. 

And  the  court  do  therefore  acquit  the  accused. 
Case  5.    Private    Chas.    A.    Dupriest,  of  the    "  Lunenburg    Rebel 
Artillery."' 

CiiAKGE — Absence  without  leave. 
Specification — In  this,  that  Private  Ghas.  A.  Dupriest,  of  the  Lu- 
nenburg Rebel  Artillery,  having  a  sick  furlough  for  ID  days,  com- 
mencing on  the  7th  of  June,  1862,  did  not  rejoin  his  company  until 
brought  bacjc  on  the  19th  July,  1862,  by  a  guard,  sent  to  Lunenburg 
county  for  that  purpo.se. 

FINDING. 

Of  the, specification,  '  Guilty. 

Of  the  charge,  Not  guilty. 

And  the  court  do  therefore  acquit  the  accused. 
Case  G.  Private  T.  L.  Piercy,  of  the  "  Lunenburg  Rebel  Artillery."' 

Cii\k(;k — Absence  without  leave. 
Specification — In  this,  that  Private  T.  L.  Piercy,  of  the  Lunenburg 
Rebel  Artillery,  having  a  sick  furlough  for   21  days,  commencing  on 
the  27th  of  May,  1862,  did  not  rejoin  his  company  until  the    18th  of 
July,   18G2. 

FINDING. 

Of  the  specification  Guilty. 

Of  the  charge,  Not  Guilty. 

And  the  court  do  therefore  acquit  the  accused. 
Case  7.^^rivate  Robt.  IL  Crittenden,  of  the  *'  Gloucester  Artillery." 

Charge — Absence  without  leave. 
Specification — In  this,  that  Private  Robert  II.  Crittenden,  having  a 
sick  furlough  for  a  few  days,  commencing  on  the  4th  May,  1862,  did 
not  rejoin  his  company  until  the  16th  July,  1862. 

FINDING. 

Of  the  specification,  Not  guilty. 

Of  the  charge,  Not  guilty. 

And  the  court  do  therefore  acquit  the  accused. 
Case  8.   IVivate  James  F.  Padgett,  of  the  "  Gloucester  Artillery." 

Chau(;f. — Absence  without  leave. 
Specification — In  this,  that  Private  James  F.  Padgett,  of  the  Glou- 


cester  Artillery,  having  leave  of  absence  for  one  day,  commencing  on 
or  about  the  4th  of  Mav,  1362,  did  not  rejoin  bis  company  until  the 
12th  of  July,  1862. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

BE    TENCE. 

To  three  months'  hard  labor  at  his  camp,  with  ball,  weighing  12  lbs., 
and  chain  attached  to  left  leg. 

Case  9.   Private  William  A.  Murphy.  Co.  "  C,"  26th  Va.  Regt. 
Charge — Violation  of  the  46th  Article  of  War. 

Specification — In  this,  that  Private  W.  A.  Murphy,  of  Co.  "  G," 
26tli  Va.  Regt.,  having  been  duly  posted  as  a  sentinel,  was  found 
sleeping  on  post,  he  being  a  member  of  the  guard.  This  at  Chaffin's 
farm,  the  9th  Oct.,  1862. 

FINDI.NG. 

Of  the  specification.  Guilty. 

Of  the  charge.  Guilty. 

SENTENXE 

And  the  court  do  therefore  sentence  the  accused  to  lose  his  pay 
proper  for  two  raontlis,  and  to  be  publick'  reprimanded  by  his  Colonel 
in  the  presence  of  his  regiment,  andV^lie  court  is  thus  lenient  on 
account  of  the  youthfulness  and  previous^good  conduct  of  the  accused, 
together  with  the  lact  that,  as  shown  by  the  evidence,  considerable 
latitude  had  been  allowed  sentinels  on  this  post. 

Case  111,  Private  James  C.  Ilowell,  of  the  "  King  and  Queen  Artil- 
lery." 

Cmvrge — Absence  without  leave. 

Specification — In  this,  that  Private  James  C.  Ilowell.  of  the  King 
and  Queen  Artillery,  did,  on  or  about  the  17th  Sept.,  1862,  leave  his 
company,  stationed  near  Chaffin's  Bluff,  without  permission,  and 
remained  absent  until  the  2-lth  Sept  ,  1862.  This  near  Chaffin's 
Bluff. 

FINDING. 

Of  the  specification,  Guilty, 

Of  the  charge,  Guilty. 

SENTENCE. 

To  ten  days"  hard  labor  under  the  direction  of  the  Colonel  of  his 
post,  and  to  the  loss  of  his  pay  proper  for  one  month. 

Case  11.  Private  L.  N.  Banks,  Go.  "  D,"  26th  Va,  Vols, 
Charge  1st. — Violation  of  the  9th  Article  of  War, 

Specification — In  this,  that  the  said  Private  L.  N.  Banks,  of  Co. 
"  D,"  26th  Va.  Vols.,  d"d,  on  or  about  the  8th  day  of  September, 
1862,  refuse  to  march  to  his  post  as  sentinel,  (being  a  member  of  the 
guard  at  Brigade  Hospital),  when  ordered  to  do  bo  by  Sergeant  Jeffries 
commanding  the  guard. 

Charge  2nd — Violation  of  the  6th  Article  of  War. 

Specification — In  thi.^,  that  the  said  Private  Banks,  of  Co.  *'D," 
26th  Va.  Vols.,  did,  on  or  about  the  8th  day  of  September,  1862,  (after 
refusing  to  obey  the  order  of  the   Sergeant  commanding  the  guard) 


22 

curee  an«i  abuse  Lim,  and  did  dare  the  faid  Sergeant  Jeffries,  com- 
manding the  guard,  out  in  the  road  to  fight. 

CiiARGK  3rd — Violation  of  the  5l)th  Article  of  War. 
Specification — In  this,  that  the  said   Private  L.  N.    Banks,  of  Co. 
"  D,"  26th  Virginia  A'oluntecrs,  did,  on  or  ahout  the  8th  day  of  Sep- 
tember, 1SG2,  leave  his  guard  at  Brigade  Hospital,  and  remain  away 
ell  day  without  permission. 

FINDING. 

Of  specification  of  1st  charge,  Guilty. 

Of  1st  charge,  GuiUy. 

Of  specification  of  2nd  charge,  Guilty. 

Of  2nd  charge,  Guilty. 
Of  specification  of  3rd  charge, 

Guilty,  except  tlic  words  "all  day." 

Of  3rd  charge.  Guilty. 

SKNTKNCK. 

To  six  months  hard  labor,  with  ball  weighing  12  lbs.,  and  chain 
ftttached  to  left  leg,  in  charge  of  the  Provost  Marshal  at  Richmond, 
end  to  lose  his  pay  proper  for  the  same  time. 

Case  12.  Private  Bobert  II.  Anderson,  Co.  "II,"  2Gth  Virginia 
Volunteers. 

Charge — Desertion. 

Specification — In  this,  that  Private  R.  H.  Anderson,  Company 
*'  II,"  2Gth  Virginia  Volunteers,  did,  on  the  2nd  day  of  May,  when 
Gloucester  Point  was  ordered  to  be  evacuated,  apply  to  the  Surgeon 
fur  transportation  upon  ground  of  disability,  and  that  the  Surgeon 
refused  to  allow  him,  the  said  Anderson  transportation,  and  that  on 
the  day  after,  he  obtained  a  pass  from  his  captain  to  go  to  Richmond, 
and  to  report  to  his  company  in  10  days  or  be  considered  a  deserter; 
and  that  the  said  Private  Anderson,  instead  of  going  to  Richmond, 
did  go  to  his  home  within  the  lines  of  the  enemy,  and  did  there  remain 
until  jibou'-.  the  10th  of  September,  on  which  day  he  reported  in  person 
to  his  company. 

FiNnrNG, 
Of  specification,   guilty,  (except   the   words:    "To    Richmond,'' 

and  "  in  ten  days  or  be  consi'lered  a  deserter.'") 
Of  charge,  Guilty  of  absence  without  leave. 

SENTENCK. 

And  the  court  do  therefore  sentence  the  accused  to  thirty  days  hard 
labor  under  the  direction  of  his  Colonel ;  and  th^  court  is  thus  lenient 
on  account  of  the  extenuating  circumstances  of  the  case. 

Case  13.  Private  James  L.  Brown,  Company  "  G,"  2Gth  A^'irginia 
Volunteers. 

Charge — Desertion, 

vSpecification — In  this,  that  the  said  Private  James  L.  Brown,  of 
Company  "  G,"  2Gth  Virginia  Volunteers,  did,  on  the  5th  day  of 
May,  1862,  leave  his  regiment  at  King  and  Queen  Court-house,  and  go 
to  his  home,  and  did  not  rejoin  his  regiment  again  until  the  1st  day 
cf  October,  1862. 


2« 

FINDING. 

Of  the  specification,  Guiltj. 

Of  the  charge,  Guilty  of  absence  without  leave. 

SENTENCE. 

To  forfeit  all  pay  proper  from  tbe  1st  day  of  May,  to  the  1st  day  of 
December,  1862,  and  to  three  months  hard  labor,  with  ball  weiojhing 
12  lbs  ,  and  chain  attached  to  left  leg,  in  charge  of  the  Provost  Guard 
at  Richmond. 

Case  14.  Private  Wm.  Cumbia,  of  the  "  Lunenburg  Rebel  Artillery." 
Charge — Absence  without  leave. 

Specification — In  this,  that  Private  Wra.  Cumbia,  of  the  Lunenburg 
Rebc'l  Artillery,  having  a  sick  furlough  of  15  days,  commencing  on 
the  6th  May,  1862,  did  not  rejoin  his  company  until  brought  back  on 
the  2;)xh  July,  1862,  by  a  guard  sent  to  Lunenburg  county  for  that 
purpose. 

FINDING. 

Of  the  specification,  Guilty. 

0    the  charge.  Guilty. 

And  the  court  is  of  the  opinion  that  the  punishment  which  tho 
accused  has  already  suffertd  is  sufficient  for  the  offence. 

Case  15.  Private  John  II.  Eiger,  Co.  «' G,"  26th  Va   Vols. 
Charge — Violation  of  the  9th  Article  of  War. 

Specification  1st — In  this,  that  Private  John  II.  Eiger,  of  Company 
**  G,"  26th  Regiment  Virginia  Volunteers,  did,  on  or  about  the  iOth 
day  of  September,  1862,  while  on  the  march  from  Chaffin's  farm,  Hen- 
rico county,  Virginia,  to  Bradley's  Store,  Charles  City  county,  Vir- 
ginia, at  or  near  the  residence  of  Dr.  Crenshaw,  in  Charles  City 
county,  Virginia,  refuse  to  take  bis  plnce  in  the  ranks  of  his  company, 
when  ordered  to  do  so  by  Captain  John  T.  Perrin,  company  '*  E," 
26th  Virginia  Volunteers,  commanding  the  rear  guard. 

Specification  2d — In  this,  that  the  said  private  John  II.  Eiger,  of 
Company  '*  G,"  26th  Regiment  Virginia  Volunteers,  did,  on  or  about 
the  20th  day  of  September,  1852,  while  on  the  march  from  Chaffin's 
farm,  in  Henrico  county,  Virginia,  to  Bradley's  Store,  in  Charles 
City  county,  Virginia,  near  the  residence  of  Dr.  Crenshaw,  in  '^harlea 
City  county,  Virginia,  resist  Corporal  Wm.  Adams,  who  was  sent  by 
the  said  Captain  John  T,  Perrin,  Company  "  E,'"  26th  Virginia  Vol- 
unteers, commanding  rear  guard,  to  arrest  said  John  II  Eiger,  of 
Company  "  G,"  26th  Virginia  Volunteers,  and  the  said  John  II. 
Eiger,  did,  on  or  about  tlie  day  and  date  above  specified,  and  at  the 
place  specified  or  thereabouts,  strike  Corporal  Wm.  Adams  whilo 
attempting  to  arrest  said  Private  John  II.  Eiger.  said  Corporal  Adams 
being  in  the  execution  of  his  office. 

FINDING. 

Of  specification  2nd,  Guilty. 

Of  specification  1st,  Guilty. 

Of  charge,  Guilty. 

SENTENCE. 

And  tho  court  do  therefore  sentence  the  accused  to  six  months* 
hard  labor  in  charge  of  the  Provost  Guard,  at  Richmond;   and  tho: 


24 

court  is  thus  lenient  on  account  of  the  extreme  youthfulness  of  the 
accused. 

C:ise  IG.  Sergeant  A.  M.  Sculthorpe,  of  Co.  "  B,"'  4th  Va.  Heavy 
Artillery. 

Ch\rge — Aljsence  without  leave. 

Specification. — In  thi.s,  that  S  rgeant  A.  M.  Sculthorpe,  of  Co. 
"B."  4ih  Va.  Heavy  Artillery,  did.  on  the  22d  day  of  Septen-her, 
18G2,  absent  hinisilf  from  camp  without  leave,  and  did  not  return 
until  the  first  day  of  October,  |.->G2.  All  this  at  the  4th  Artillery 
camp,  near  Chaffin's  Bluff,  on  or  about  the  22d  of  September,  1862. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

To  be  reduced  to  the  ranks,  and  to  be  reprimanded  by  his  Colonel 
in  presence  of  his  regiment;  and  he  members  of  the  court  do  re- 
spectfully recommend  that  the  foregoing  sentence  be  remitted,  in  con- 
sideration of  the  previous  unexceptionable  character  of  the  accused. 

Case  17.  Sergeant  K.  W.  Land,  of  Co.  "  B,"  4th  Xii.  Heavy  Art. 
CiiABGE — Absence  without  leave. 

Specification. — In  this,  that  L^ergeant  R.  W.  Land  of  Co.  *' B,"  4th 
Va.  Heavy  Artillery,  did,  on  the  19th  day  of  September,  18G2,  absent 
himself  from  camp  without  leave,  and  did  not  return  until  the  29th 
day  of  September,  1SG2.  All  this  at  the  camp  of  the  4th  Va.  Heavy 
Artillery,  on  or  about  the  19th  day  of  September,  1862. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

To  be  reduced  to  the  ranks,  and  be  reprimanded  by  his  Colonel  in 
the  presence  of  his  regiment.  The  members  of  the  court  would  re- 
spectfully recommend  that  the  foregoing  sentence  be  remitted,  in  con- 
sideration of  the  former  good  character  of  the  accused. 

II.  The  proceedings,  findings  and  sentences  in  the  cases  of  privates 
Wm.  A.  Murphy  and  James  C.  Ilowell,  King  and  Queen  Artillery, 
Ilobert  II  Anderson,  Co.  "  II,"  James  L.  Brown,  Co.  ''  G,"  and  John 
II.  i  iger,  Co.  *' G,"  2Gth  Va.  Regt.,  are  approved,  and  the  sentences 
will  be  duly  executed. 

The  proceedings,  findings  and  sentence  in  the  case  of  John  W. 
Snead  of  the  Lunenburg  Rebel  Artillery,  rre  disapproved. 

1st.  Because  the  alleged  affence  is  not  stated  to  have  been  commit- 
ted at  any  purticular  place.  It  may  possibly  be  inferred,  but  is  not 
stated  with  sufficient  distinctness. 

2d.  The  fin-ling  is  contrary  to  the  evidence.  The  prisoner  will  be 
release  I  and  returned  to  duty. 

The  proceedings  in  the  cases  of  Edward  M.  Elder,  Joshua  G. 
Jack.-on,  James  W.  Farrish,  Charles  A.  Dupriest  and  T.  L.  Piercy, 
of  the  Lunenburg  Rebel  Artillery,  Robert  II.  Crittenden,  of  the 
Gloucester  Artillery;  the  procee(lings  and  findings  in  the  case  of 
William  Cumbia,  of  the  Lunenburg  Rebel  Artillery ;  and  the  pro- 


25 

ceedings,  findings  and  sentences  in  the  cases  of  James  F.  Padgett,  of 
the  King  and  Queen  Artillery,  and  L.  N.  Banks,  Co.  "  D,"  2Gth  Va. 
regiment,  are  disapproved.  The  place  of  the  commission  of  the  al- 
leged offences  in  each  case,  being  either  not  stated,  or  not  stated  with 
sufficient  distinctness.  The  prisoners  will  be  released  and  returned 
to  duty. 

The  proceedings,  findings  and  sentences  in  the  case«?  of  Sergeants 
A.  M.  Sculthorpe  and  of  U.  W.  Land,  both  of  Co.  "  B,"  4th  Virginia 
Heavy  Artillery,  are  approv:d.  On  the  recommendation  of  members 
of  the  court,  and  in  consideration  of  the  circumstances,  and  of  the 
good  character  of  the  accused,  the  sentences  are  remitted,  ^he  pri- 
soners will  be  released  and  returned  to  duty. 

By  command  of  Major  General  G.  W.  Smith. 

SAMUEL  W.  MELTON, 
Major  and  A.  A.  GencrcU, 


HEADQUARTERS,  RICHMOND,  VA. 
,^  December  12,  1862. 

General  Orders, 


No.  17. 

I.  Further  proceedings  of  the  General  Court  Majtitil  convened  at 
the  headquarters  of  Brig.  Gen.  Henry  A.  Wise,  by  virtue  of  General 
Orders,  No.  6,  current  series,  from  these  headquarters,  in  continua,- 
tion  of  General  Order,  No.  12,  were  arraigned  and  tried  the  following 
cases:  (The  specifications  being  minute  and  lengthy  are  omitted:) 
Case  18.  Private  Charles  E.  C.  Booker,  of  the  Gloucester  Artillery. 
Charge — Desertion. 

EINOLVG. 

Of  the  specification,  Not  Guilty. 

Of  the  charge,  Not  Guilty. 

And  the  court  do  therefore  acquTt  the  accused. 
Case  i9..  Private  Jos.  H.  Dodson,  Co.  "A,"  46th  Va.  Vols. 
Charge — Absence  without  leave. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge.  Guilty. 

SENTENCE. 

To  fifteen  days  hard  labor,  eight  hours  each  day,  and  to  confinement 
in  the  guard-house  when  not  at  work,  during  this  period. 
Case^20.  Private  John  Michau.x,  Co.  *'  I,"  20th  Va.  Regt. 
Charge — Absence  without  leave. 

FINDING. 

Of  the  specification,  Gu-dty. 

Of  the  charge,  Cuiilty. 

SENTENCE. 

To  fifteen  days  hard  labor,  eight  hours  a  day,  under  the  direction 
of  his  Colonel,  and  to  be  confined  in  the  guard-house  when  not  at 
work,  during  the  same  period. 

Case  21.  Lieut.  Jas.  S.  Mason,  Co.  "  B,"  4th  Va.  Heavy  Artillery. 
Charge — Disobedience  of  orders. 

FINDING. 

Of  the  specification.  Guilty, 

Of  the  charge.  Guilty. 

And  the  court  decline  to  inflict  any  punishment  on  t  e  accused, 
believing  that  he  was  justifiable  in  doing  what  he  did,  under  the  cir- 
cumstances, as  shown  by  the  evidence. 

Case  22.  Private  George  C.  Tyler,  of  Co.  "A,"  -IGth  Va.  Vols. 
Chakge — Absence  without  leave. 


27 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SKNTENCE. 

To  hard  labor  for  twenty  days,  eight  hours  a  day,  and  to  be  confined 
in  the  guard-house  during  this  period,  -when  not  at  work;  then  to  be 
confined  ten  days  on  bread  and  water,  and  to  forfeit  his  pay  proper 
for  two  months. 

Case  23.  Private  Maurice  Gleason,  Co.  *'I,"  46th  Va.  Vols. 
Charge — Desertion. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge.  Guilty  of  absence  witliout  leave. 

SENTENCE. 

To  fifteen  days  hard  labor,  eight  hours  a  day,  under  the  direction 
of  his  Colonel,  and  to  be  coiifined  to  the  guard-house  when  not  at 
work  during  this  period,  and  the  court  is  thus  lenient  on  accoinit  of 
the  previous  good  character  of  the  accused,  and  other  extenuating  cir- 
cumstances. 

Case  24.  Second  Lieutenaijt  Charles  W.  Ballowe,  4th  Va.  Heavy 
Artillery. 

Charge — Neglect  of  duty. 

FINDING. 

Of  the  specification,  Not  Guilty. 

Of  the  charge,  Not  Guilty. 

And  the  court  do  therefore  acquit  the  accused. 
Case  25.   Private   S.    II.    Mitchell,  Company  "I,"  4th   Va.  Heavy 
Artillery. 

Charge — Neglect  of  duty. 

FINDING. 

Of  the  specification.  Guilty. 

except  the  words,  "  without  giving  any  alarm." 
Of  the  charge.  Guilty. 

SENTENCE.  • 

To  be  reprimanded  by  his  Colonel  in  the  presence  of  his  regiment. 
Case  26.  Private  James  M.  Mountjoy,  Co.  "A,"  46th  Va.  Vols. 
Charge — Absence  without  leave. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge.  Guilty. 

SENTENCE. 

To  be  reprimanded  by  his  Colonel  in  the  presence  of  his  regiment. 
The  members  of  the  court  would  respectfully  request  that  the  fore- 
going sentence  be  remitted,  in  consideration  of  the  previous  good 
character  of  the  accused,  together  with  his  evident  contrition,  and  the 
peculiar  circumstances  under  which  the  ofi'once  was  committed. 

Case  27.  Private  Samuel  Morris,  Co.  "D,"4ih  Virginia  Heavy 
Artillery. 

Charge — Desertion. 


28 

FINDING. 

Of  the  specification,  Guilty,  except  the  words  "desert  on  the  way 
thither,  by  absenting  liimself  from  the  wagcn  or  ambulance,  in  which 
he  was  being  conveyed  to  said  hospital,  and  did." 

Of  the  charge,  Guilty  of  absence  without  leave. 

f:r.NTK.NCK. 

To  six  months  hard  labor,  with  b.ill  weighing  twelve  pounds  and 
chain  attached  to  left  leg,  in  charge  of  the  Provos(t  guard  at  Richmond. 

Case  28.  Private  II.^K.  Broyles,  Co.  "  U,"  -ith  Virginia  Heavy 
Artillery. 

CnARGL — Absence  without  leave. 

^  FINDING. 

Of  specification  2d.  Guilty. 

Of  specification  I.st,  Guilty, 

Of  charge.  Guilty. 

.^F.NTENCE. 

To  lose  his  pay  for  two  months,  and  to  perform  ten  extra  hours  of 
guard  duty,  according  to  the  discretion  of  his  Captain. 

Case  29.  Private  John  Griflin,  of  Captain  John  J.  Young's  Com- 
pany of  Howitzers. 

Change  1st — Absent  without  leave. 
Charge  2d — Disobedience  of  orders. 

FIMJI.N'G. 

Of  specification  of  charge  1st,  Guilty. 

Of  charge  1st,  Guilty. 

Of  specification  of  charge  2d,  Guilty. 

Of  charge  2d,  Guilty. 

SENTF-NTE. 

To  ten  days  hard  labor  under  the  direction  of  his  Colonel,  and  the 
court  is  thus  lenient  on  account  of  the  punishment  which  the  accused 
has  already  suffered. 

Case  3i>.  Private  William  A.  Allen,  of  Captain  John  J.  Young's 
Company  of  Howitzers. 

CuARi  E  1st — Absence  without  leave. 
•  Charge  2d — Disobedience  of  orders. 

KINDIXG. 

Of  specification  of  charge  1st,  Guilty. 

Of  charge  1st,  Guilty. 

Of  specification  of  charge  2d,  Guilty. 

Of  charge  2d,  Guilty. 

SENTENCE. 

To  ten  days's  hard  labor  under  the  direction  of  his  colonel ;  and 
the  court  is  thus  lenient  in  consideration  of  the  punishment  which  the 
accused  has  already  suffered. 

II.  The  proceedings,  findings,  and  sentences  in  the  case  of  Lieuts. 
James  S,  Mason  and  Charles  W.  liallowe,  4th  Virginia  Heavy  Artil- 
lery, and  Privates  E.  C.  Booker,  of  the  Gloucester  Artillery,  are  ap- 
proved.    The   parties   will   be   released  from  arrest,  and   returned  to 

The  proceedings,  findings  and  sentences  in  the  cases  of  privates  Jos. 


89 

11.  Dodson  and  George  C.  Tyler,  of  Co.  "A,"  and  Maurice  Gleason, 
of  Co.  "  I,"  46th  Virginia  Volunteers,  John  Michaux.  Co.  '•  I,"  2l)th 
Virginia  Volunteers,  Samuel  Morris  and  II.  K.  Brojles,  of  Co.  "  D," 
and  S,  H.  Mitchell,  of  Co.  '•  I,"  4th  Virginia  Heavy  Artillery,  Juhn 
GrifEn  and  William  A.  Allen,  of  Capt.  John  J.  Young's  Howitzer 
Company,  are  approved  and  the  sentences  will  he  duly  executed. 

The  proceedings,  finding,  and  sentence  in  the  c;ise  of  Private  Jas. 
M.  Mountjoy,  Co.   "A,"  4Gth  Virginia  Volunteers,  are  approved. 

In  consideration  of  the  previous  good  conciuct  of  the  accused,  and 
the  circumstances  of  the  case,  upon  the  unanimous  recommendation 
of  the  members  of  the  court,  the  sentence  is  remitted. 

The  court,  of  which  Lieut.  Col.  Randolph  Harrison  is  President, 
IB  hereby  dissolved. 

By  command  of  Major  General  G.  W.  S.mitii. 

SAM'L  W.  MELTON, 
Mnj.  Sf  A.  A.  General. 


General  Ord 

No.  18. 


KRS,  ) 


IIEAEQUARTERS,  RICILMOND,  VA., 

December  12th,  1862. 


I.  At  a  General  Court  Martial  convened  and  IielJ  by  virtue  of  Gen- 
eral Order  No.  I'.),  from  these  IIead(juartcr3,  at  Staunton,  Va.,  on  the 
loth  day  of  November,  1862,  the  following  cases  were  arraigned  and 
tried: 

Case  1.   Capt.  Frank  Henderson,  A.  C,  S.,  C.  S.  A. 
Charge — Drunk  on  duty. 

FINDING. 

Of  specification  1st,  Not  guilty. 

Of  specification  2d,  Not  guilty. 

Of  charge.  Not  guilty. 

And  the  court  do  therefore  acquit  the  accused. 
Case  2.  Private  J.  II.  Reagan,  of  the  Provost  Guard,  at  Staunton, 
Virginia. 

CiiAF.GE — Insubordinate  conduct. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

To  15  days  hard  labor,  at  the  expiration  of  which  he  is  also  to  be 
reprimanded  by  his  captain,  in  the  presence  of  his  company. 
Case  3.  Assistant  Surgeon  J.  0.  Harris,  P.  A.,  C.  S. 

Charge — Conduct  unbecoming  an  officer  and  a  gentleman. 

FINDING. 

Of  the  specification,  Not  guilty. 

Of  the  charge.  Not  guilty. 

And  the  court  do  therefore  acquit  the  accused. 
Case  4.   Private  Charles  Childress,  "  Caskie  Rangers,"  lOth  Regt. 
Virginia  Cavalry. 

Charge — Conduct  prejudicial  to  good  order  and  military  dis- 
cipline. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty, 

SENTENCE. 

To  hard  Libor,  with  ball  and  chain,  on  the  fortifications  at  or  near 
Richmond,  for  the  space  of  four  months,  and  to  forfeit  his  pay  for  the 
eame  period. 


31 

Case  5.  Private  Frederick  Daniell,  "  Caskie  Rangers,"  lOth  Regt. 
Virginia  Cavalry. 

Charge — Conduct  prejudicial  to  good  order  and  military  dis- 
cipline. 

FINDI.NG. 

Of  the  specification,  Guilty. 

Of  the  charge.  Guilty. 

SENTENCE. 

To  hard  labor,  with  ball  and  chain,  on  the  fortifications  at  or  near 
Richmond,  Virginia,  for  the  space  of  four  months,  and  to  forfeit  his 
pay  for  the  same  period. 

II.  The  proceedings,  findings  and  sentences  in  the  cases  of  Capt. 
Frank  Henderson,  A.  C.  S.,  C.  S.  A.,  and  Assistant  Surgeon  J.  0. 
Harris,  P.  A.,  C.  S  ,  are  approved.  They  will  be  relieved  from  ar- 
rest and  returned  to  duty. 

The  proceedings,  findings  and  sentences  in  the  cases  of  Private  J. 
H.  Reagan,  of  the  Ptovost  Guard,  at  Staunton,  Virginia,  and  Charles 
Childress  and  Frederick  Daniell,  of  the  Caskie  Rangers,  10th  Regi- 
ment Virginia  Cavalry,  are  approved,  and  the  sentences  will  be  duly 
executed. 

The  court,  of  which  Col.  M.  G.  Harman  is  President,  is  hereby 
dissolved. 

By  command  of  Major  General  G.  W.  S.MrTn. 

SAM'L  W.  MELTON, 
Maj.  8f  A.  A.  General. 


HEADQUARTERS,  RICHMOND, 

January  13th,  1863. 
General  Ouders, 
No.  3. 

I.  At  a  General  Court  Martial  convened  and  held  by  virtue  of  Gen- 
eral Order  No.  5,  of  October  S,  1802,  from  these  Headquarters,  at 
the  Headijuarters  of  Biigadier  General  Junius  Daniel,  were  ar  aigned 
and  tried  the  following,  (the  specifications  being  minute  and  long  are 
omitted) : 

Case  1.  Private  Jeremiah  E.  Moore,  Co.  "I,"  -loth  North  Carolina 
troops. 

Charce — Absence  ■without  leave. 

SENTENCE. 

To  be  sent  back  to  his  regiment  and  put  to  hard  labor  for  one 
month;  and  the  court  is  thus  lenient  on*account  of  his  ag^e  and  the 
attendant  circumstances  of  the  case. 

Case  2.  Private  William  F.  Jordan,  Co.  "  H,"  43d  Regiment  North 
Carolina  troops. 

CiiAROE — Desertion. 

riKDlNG. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

To  receive  thirty-nine  lashes  on  his  bare  back,  and  to  be  branded 
in  the  left  hand  with  the  letter  I)  in  the  presence  of  the  brigade,  and 
to  be  put  to  hard  labor  on  public  works  for  three  months,  with  ball 
and  chain  weighing  twelve  pounds  attached  to  left  leg. 

Case  3.  Private  L.  B.  Seymour,  Co.  '*  E,"  fiOth  North  Carolina 
troops. 

C»ar(;e — Desertion. 

riM)iN(;. 
Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

To  receive  thirty- nine  lashes  on  his  bare  back,  evrry  three  months, 
for  the  period  of  the  war ;  to  be  branded  in  the  left  hand  with  the 
letter  '•  D,"  and  to  be  put  to  hard  labor  in  Richmond,  with  ball  and 
chain,  weighing  twelve  pounds,  attached  to  left  leg,  for  the  balance  of 
the  war. 

Case  4.  Private  Andrew  Miller,  Co.  "  F,"  32d  N.  Carolina  troops. 
Ch.\rge — Desertion. 


33 

FINDING. 

Of  the  specification,  Not  guilty. 

Of  the  charge,  Not  guilty. 

•     And  the  accused  is  therefore  acquitted. 

Case  5.  Private  Geo.  Sams,  Co.  "  F,"  45th  Noith  Carolina  troop?. 
Charge — Desertion. 

FINDING. 

Of  the  specification.  Guilty. 

Of  the  charge, — Not  guilty  of  desertion,  but  guilty  of  absence 
Hfithout  leave. 

SENTE.NCE. 

To  hard  labor,  with  ball  and  chain,  or  block  and  chain,  weighing 
twelve  pounds,  every  alternate  ten  days  for  sixty  days ;  to  be  in  solitary 
confinement  in  the  intervals,  and  to  ibrfeil  two  months'  pay. 

Case  6.  Private  James  Hill,  Co.  "A,"  45th  North  Carolina  troops. 
Charge — Desertion, 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge, — Not  guilty  of  desertion,  but  guilty  of  absence 
without  leave. 

SKNTENCF. 

To  twenty-five  days  hard  labor,  with  ball  and  chain,  or  block  and 
chain,  weighing  twelve  pounds,  attached  to  left  leg,  and  seven  days 
solitary  confinement  on  bread  and  water. 

Case  7.    Private  John  Warwick,  Co.  "  B,"  43d  N.  C.  Troops. 
Charge — Desertion. 

FINIUNG. 

Of  the  specification,  Guilty. 

Of  the  charge,  *  Guilty. 

SENTENCE. 

To  receive  thirty-nino  lashes  on  his  bare  back,  in  presence  of  the 
brigade  to  which  hs  belongs,  and  that  he  then  be  sent  to  Richmond 
and  put  to  his  trade,  shocmaking,  for  the  balance  of  the  war,  wearing 
at  the  same  time  a  ball  and  chain  weighing  twelve  pounds,  attached 
to  left  leg;  and  the  court  is  thus  lenient  on  account  of  his  age  and 
extenuating  circumstances. 

Case  8.  Private  Lorenzo  D.  Williams,  Co.  "  F,'"'  45th  N.  C.  Troops. 
Charge — Desertion. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the   charge — not  guilty  of   desertion,  but  guilty  of   absence 

without  leave. 

SENTENCE. 

To  hard  labor,  with  ball  and  chain  weighing  twelve  pounds  attached 
to  left  leg,  every  alternate  ten  days,  for  sixty  days,  and  to  be  in  close 
confinement  the  intervals. 

Case  9.  Private  John  S.  Wilson,  Co.  *'  F,"  45th  N.  C.  Troops. 
Charge — Desertion. 

FINDINO- 

Of  the  specification,  Guilty. 

Of  the  charge — not  guilty  of   desertion,   but   guilty  of  absence 
without  leave. 
3 


34 

8ENTEKCE. 

From  the  evidence  before  the  court,  doubting  whether  the  prisoner 
was  of  sound  mind  at  the  time,  declines  to  award  any  punisnment. 
The  court  being  convinced,  froin  the  evidence  before  it,  that  the  pri- 
soner is  unlit  for  military  service  on  account  of  occasional  fits  of 
mental  derangement,  do  therefore  recommend  that  he  be  discharged 
the  service. 

Case  10.   David  Holly,  Co.  *' D,"  oOth  North  Carolina  troops. 
Chargk — Desertion. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SENxrHCi:. 
To  receive  fifty  lashes  on  his  bare  back,  and  be  branded  in  the  left 
hand  with  the  letter  "  D,"'  in  presence  of  the  brigade  to  which  he  be- 
longs; and  to  be  in  cloae  confinement  for  thirty  days,  the  first  and 
last  ten  days  on  br^ad  and  water;  and  the  court  declares  thai  it  is 
more  lenient  than  it  otherwise  would  be,  on  account  of  the  lux  discip- 
line at  Camp  Mangum,  at  the  time  of  the  desertion  of  the  accused. 

Case  11.  Private  Bryant  Knott,  Co.  "  D,"  45th  North  Carolina 
troops. 

Cii.vuGE — Absence  without  leave. 

SFNTEXCE. 

To  forfeit  all  pay  now  due  him,  and  to  be  in  close  confinement  for 
thirty  days,  the  first  and  last  ten  on  bread  and  water;  and  the  court 
is  thus  lenient  on  account  of  the  inability  of  the  prisoner  to  bear 
heavier  punishment. 

Case  12.  Private  George  W.  Nelson,  Co.  *' D,"  45th  N.  C.  troops. 
Chaugi; — Absence  without  leave. 

SENTLNCE. 

To  tlfirty  days  close  confinement,  the  first  and  last,  and  ten  days  on 
bread  and  water. 

Case  13.  Private  Milton  Fulp,  Co.  '^  B,"  45th  N.  C.  T. 
*     Cii.vKGE. — Absence  without  leave. 

SENTENCE. 

To  fourteen  days  solitary  confincuent,  on  bread  and  water,  to  bo 
bucked  at  the  beginning  of  each  week  of  this  time  in  presence  of  his 
regiment,  on  dress  parade. 

Case  14.  Private  John  W.  Earlcs,  Co.  ''  G,"  50th  N.  C.  T. 
Cn.MUiE — Desertion. 

FINOING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guiliy. 

SENTENCE. 

To  receive  twenty  lashes  on  his  bare  back,  to  be  branded  in  the  left 
hand  with  the  letter  "  D,"  and  to  be  in  solitary  confinement  on  bread 
and  water  for  fourteen  days. 

Case  15.  Lieutenant  John  Davis,  32d  N.  C.  T. 
CiiAUGE  Ist — Disobedience  of  orders. 

Charge  2d — Conduct  prejudicial  to  good   order  and  military 
dicipline. 


35 

FINDING. 

V)f  (specification  of  first  charge,  Not  Guilty. 

Of  first  charge,  Not  Guilty. 

Of  first  spccificntion  of  second  charj:c,  Not  Guilty. 

Of  second  specification  of  second  charge,  Not  Guilty. 

Of  third  specification  of  second  charge.  Guilty. 

Of  second  charge,  Guilty. 

SENTENCE. 

To  he  reprimanded  by  his  colonel  in  presence  of  the  officers  of 
the  regiment  to  which  he  belonirs. 

Case  16.  Private  William  Watter.-?,  Co.  "  G,"  50th  N.  C.  T. 
'Charge — Absence  ^^•ithout  leave. 

FINPING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

To  hard  lal.or  for  six  nror;ihs,  ■with  bnll  and  chain  weighinj^   twelve 
pounds  attached  to  his  left  k>g,  and  to  be  bucked  every  Sunday  during^ 
this  time^  in  presence  of   the  regiment,  either  at   inspection,  or  di^ss,, 
parade. 

Case  17.  Private  Berry  B.  Hardin,  C6.  "I,"  SOth  N.  C.  Trccps. 
Charg;: — Absence  without  leave. 

SENTENCE. 

To  fourteen  days  solitary  confinement  on  broad  and  wa-teiv 
Case  18.  Private  Jasper" Thomas,  Co.  "  F,"  50th  N.  Q.  Troops.. 
Ch.  roe — Desertion. 

FIFDING. 

Of  the  specification,  'Guilty, 

Of  the  charge,  Guilty. 

sentence. 
To  receive  thirty-nine  lashes  on  Kis  bare  backj  to  be  branded  in  tho 
left  hand  with  the  letter  "  D,"  and    to  be   put  to   hard   labor  for   six 
months,  on  government  work,  with  ball  and  chain  weighing  twelve 
pounds,  attached  to  his  left  leg. 

Case  19.  Private  George  II.  Montfdrd,  of  Captain  William  1.  Dab- 
ney's  heavy  field  artillery.  f 

CHvncE  1st — Absence  without  leave. 

Charge  2d — Conduct  prejudicial  to  good    order  and  military 
discipline. 

FINDING. 

Of  the  specification  of  the  second  charge,  Not  Guilty. 

Of  the  second  charge,  Not  Guilty. 

The  court  being  of  opinion  that  the  accused  has  suflfored  sufficient 
punishment  already,  declines  awarding  any  punishment  on  the  first 
charge. 

Case  20,  Lieutenant  Jesse  L.  Ferguson,  32d  N.  C.  Troops. 
Charge  1st — Disobedience  of  orders. 

Charge  2d — Conduct  prejudicial   to  good   order   and   military 
discipline. 


36 

FINDING. 

Of  ihe  specification  of  first  charge,  Not  Guilty. 

Of  first  charge,  Not  Guilty. 
Of  first  specification  of  second  charge,      Guilty  so  far  as  taking- 

Birdsong  to  go  to  IIalf^^■ay  Station. 

Of  second  specification  of  st^cond  charge,  Guilty  of  inciting 

Birdsong  and  Griffin  to  Halfway  Station. 

Of  third  specification  of  second  charge,  Guilty. 

Of  fourth  specification  of  second  charge,  Not  Guilty, 

Of  second  charge.  Guilty. 

SENTENCE.  • 

To  be  suspended  from  command  and  pay  for  one  month. 

II.  The  proceedings,  findings  and  sentences  in  the  cases  of  privates 
Andrew  Miller.  Co.  "  F,"  32d  regiment  N.  C.  Troops,  and  John  S. 
Wilson,  Co  "  F,"  45th  regiment  N.  C.  Troops,  are  approved,  Tho 
prisoners  will  be  released  and  returned  to  duty. 

The  proceedings  and  sentences  in  the  cases  of  privates  Jeremiah 
E.  Moore,  Co.  '*  I,"  Bryant  Knott  and  George  W.  Nelson  of  Co. 
*  D,"  and  Milton  Fulp,  of  Co.  '' B,"  45th  regiment  N.  C.  Troops, 
Benjamin  P.  Harding,  Co.  "I,"  50th  regiment  N.  C.  Troops,  and 
George  H.  Montford,  of  captain  W.  I.  Dabney's  heavy  field  artillery, 
ere  disapproved,  because  of  the  courts  making  no  finding,  and  of  the 
introduction  of  evidence  on  the  part  of  the  prosecution  upon  the  plea 
of  guilty.     The  prisoners  will  be  released  and  returned  to  duty. 

The  proceedings,  findings  and  sentences  in  the  cases  of  Lieutenant 
John  Davis  and  Jesse  L.  Ferguson,  32d  N.  C.  Troops,  and  private 
William  Watters,  Co.  "  G."  50th  N.  C.  Troops,  are  disapproved,  be- 
cause the  officer  preferring  the  charges  was  a  member  of  the  court 
sitting  on  the  trial.     They  will  be  released  and  return  to  duty. 

The  proceedings,  findings  and  sentences  in  the  cases  of  privates 
William  T.  Jordan,  Co.  "IT,"  and  John  Warwick,  Co.  •^' B,"  43d 
regiment  N.  C.  Troops,  L.  B.  Seymour,  Co.  ''E,"  John  W.  Earles, 
Co.  ''G,"  David  Holly,  Co.  "  D,"  and  Jasper  Thomas,  Co.  '_' F," 
5:]th  regiment  N.  C.  Troops,  George  Sams,  and  Lorenzo  D.  Williams, 
of  Co.  "  F,"  and  James  Hill,  of  Co.  "  A,"  45th  regiment  N.  C. 
Troops,  are  approved.  The  sentences  will  be  duly  executed. 
%     By  command  of  Major  General  G.  AV.  Smith. 

SAMUEL  W.  MELTON, 
Major  and  A.  A.  General. 


HEADQUARTERS,  RICHMOND, 

January  16,  1863. 
General  Orders,  ) 
No.  5.  i 

I,  Further  proceedings  of  the  General  Court  Martial,  convened  at 
Richmond,  by  virtue  of  General  Orders,  No.  7,  October  11th, 
1862,  from  these  Headquarters,  in  continuation  of  General  Orders 
No.  19,  of  1862,  were  arraigned  and  tried,  the  following,  (The  spe- 
cifications, being  minute  and  long,  are  omitted.) 

Case  2.  Private  Isaac  Hall,  Co.  "  C,  "  18th  Va.  Battalion  Heavy 
Artillery. 

Charge — Disobedience  of  orders. 

FINDING  AND  SENTENCE. 

The  court  confirms  the  plea  of  guilty,  but  in  consideration  of  the 
evidence,  (no  intention  to  violate  orders  having  appeared,)  and  his 
previous  good  character  having  been  established,  the  court  doth 
adjudge  that  the  accused,  private  Isaac  Hall,  go  without  punish- 
ment. 

Case  3.  Private  AVillis  Brown,  Co.  "  A,  "  18th  Bat.,  Ya.  Heavy 
Amllery. 

Ch.vrge — Conduct  prejudical  to  good  order  and  military  disci- 
pline. 

FINDING. 

Of  the  specification,  .  Guilty. 

Of  the  charge.  Guilty. 

SENTENCE. 

To  three  months  hard  labor,  and  forfeiture  of  three  months'  pay. 
Case  4.  Sergt.  Andrew  H.  Thompson,  Co.  "  C, "   18th  Bat.  Va. 
Heavy  Artillery. 

Carge  IsT — Drunkeness. 

Charge  2d — Conduct  prejudicial  to  good  order  and  military 
dicipline. 

finding  and  sentence. 
The  court  confirms  the  pleas  of  guilty,  and  sentences  accused  to  be 
reduced  to  the  ranks  and  to  forfeit  one  mouths'  pay. 

Case  5.  Private  Jeremiah  Farrisee,  Co.  *'  A,  "  10th  Bat.  Va.  Ileavj 
Artillery.  v 

Charge — Desertion. 

finding. 
Not  guilty  of  desertion,  but  guilty  of  absence  without  leave. 

SENTENCE. 

To  forfeiture  of  three  months'  pay. 


38 

Case  6.  George  Vv'.  Sturgeon,  Co.  ♦'  D, "  19th  Bat.  Va.  Heavy  Ar- 
tillery. 

CuAnnF, — Desertion. 

F1NDI>G. 

Of  the  specification — (uiilty,  so  far  as  the  fact  th:it  after  enlisted 
as  a  substitute,  he  was  absent  from  his  company  without  leave,  from 
the  31st  day  of  August,  I8G2,  to  the  3d  day  .of  September,  1862. 

Of  the  charge — Not  g«ilty,  but  guilty  of  absence  without  leave. 

SKNTr.NCK. 

The  court,  in  consideration  of  the  fact  that  the  prisoner  has  been  kept 
in  close  confinement  for  nearly  two  months,  and  the  further  fact  of  his 
former  good  behavior  antl  iiis  present  bad  health,  award  no  punish- 
ment. 

Case  7.  Private  John  T.  Hill,  "Montgomery  True  Blues,"  Lighi 
Artillery. 

Ch\rc:e — Absence  without  l^ave. 

FIi\D.ING. 

Of  the  specification,  Guilty. 

Of  the  charge.  Guilty. 

SENTKNCE. 

To  hard  labor  for  one  month,  and  forfeiture  of  two  m  mtbs'  pay. 
Case  8.  Private  Stephen  B.  Thayer,  Co.  "  B,  "  18th  Bat.  Va.  Heavy 
Artillery. 

Charge — Conduct  prejudicial  to  good  order  and  military  dis- 
cipline. 

FINDING. 

Of  the  specificiition.  Guilty. 

Of  the  charge.  Guilty. 

SENTENCE. 

To  one  months'  hard  labor,  an<l  four  months'  forfeiture  of  pay. 
Case  0.  Private  Stephen  B.  Thayer,  Co.  "  B,"  18th  Bat.  Va.  Heavy 
Artillery. 

CiiARc;:: — Neglect  of  duty. 

FINDING. 

Of  specification  1st,  Not  guilty. 

Of  specification  2d,  Not  guilty. 

Of  the  charge,  Not  guilty. 

And  the  court  do  therefore  acquit  the  accused. 
Case  10.   Lieut.  R.  H.  Bayliss,  "Alexandria  Light  Artillery.  " 
Chaugi: — Disobedience  of  orders. 

.       FINDINC;    AM)    SENTENCE. 

The  court  confirms  tlie  plea  of  guilty,  and  sentence  the  accused  to 
be  cashiered. 

Case  II.  Private  Albert  Dreyspring,  "Montgomery  True  Blues,'* 
Xight  .^rtillery. 

Chakge  1st, — Violation  of  the  5th  Article  of  War. 
Charge  2d — Violation  of  the  6th  Article  of  War. 
Charge  3d — Violation  of  several  Articles  of  War. 
Charge  4th — Violation  of  the  9th  Article  of  War. 


39 

FINDING. 

Of  specification  of  1st  charge.  Guilty. 

Of  1st  charge,  Guilty. 

Of  Bpecification  of  2nd  charge.  Guilty. 

Of  2nd  charge.  Guilty. 

Of  specification  of  3rd  charge,  Guilty. 

Of  3rd  charge.  Guilty. 
Of  specification  of  4th  charge — Guilty,  with  the  exception  of  the 
words  "  raise  a  club  against  his  ccmmanding  ofiicer." 

Of  -Ith  charge.  Guilty. 

SENTENCE. 

To  hard  labor  with  ball  and  chain  for  twelve  months,  to  forfeiture 
of  all  pay  during   that  period,  and  to  be  confined  when  not  at  work. 

As  the  previous  good  conduct  of  the  accused  has  been  establi.^hed 
by  evidence,  and  it  is  not  shovrn  in  evidence  thac  the  mi.sconduct  of 
the  accused  was  premeditated,  and  as  a  portion  of  the  remarks  of  the 
accused  were  made  (while  the  accused  was  drunk.)  under  serious  pro- 
vocation from  an  enlisted  man  of  the  company,  whose  conduct  in  the 
opinion  of  the  court  was  very  reprehensible  and  eminetly  deserving 
of  punishment,  the  court  is  thus  lenient  in  sentencing  the  accused. 

Case  12.  Private  John  Lambert,  .Co.  *'  B,  "  2l)th  Bat.  Va.  Heavy- 
Artillery. 

Charge — Sleeping  on  post. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

To  three  months'  hard  labor,  and  forfeiture  of  pay  for  that  pcrio<i. 
Case  13.  Private  Samuel   Tucker,  Co.  "B,"  2()th  Va.  Heavy   Ar- 
tillt'ry. 

FI.VDING. 

Cfiarhe — Sleeping  on  post. 

Of  the  spccilication.  Guilty. 

Of  the  charge.  Guilty. 

SENTENCE. 

To  six  months'  hard  labor,  and  forfeiture  of  pay  during  that  period. 
Case  14.  Captain  T.  M.  Browne,  2d  Florida  Regiment. 

Charge  1st — Disobedience  of  orders. 

finding. 

Of  specification  1st,  Not  Guilty. 

Of  specification  2d,  .  Not  Guilty. 

Of  the  charge,  Not  Guilty. 

And  the  accused  was  therefore  acquitted. 

Case  15.  Private  J.  M.  Sabalot,  Co.  •'  G,"  5th  TiOui^iana  Regt.     . 
Charge — Desertion. 

FINDING. 

Of  the  specification,  Not  Guilty. 

Of  the  charge,  Not  Guilty. 

And  the  accused  was  therefore  acquitted. 


40  .  ' 

Case  IC.  Trivate  John  Patterson,  Co.  ''  B,"  18th  Battalion  Virginia 
fleavy  Artillery. 

Charge — Conduct  prejudicial  to  good  order  and  military  dis- 
cipline. 

FINDING. 

Of  specification  1st,  '  Guilty. 

Of  specification  2d,  Guilty. 

Of  charge.  Guilty. 

SENTENCE. 

To  eix  months'  hard  labor  and  forfefture  of  pay  for  the  same  period. 
Case  17.  Lietenant  G.  B.  Thompson,  1st  Texas  Regiment. 

Charge  1st — Disobedience  of  orders. 

Ch.arge  2d — Conduct  unbecoming  an  officer  and  a  gentleman. 

FINDING. 

(^f  .specification  of  1st  charge,  Not  Guilty. 

Of  1st  cliargc.  Not  Guilty. 

Of  specification  of  2d  charge,  Not  Guilty. 

Of  2d  charge,  Not  Guilty. 

And  the  accused  was  therefore  acquitted. 

Case  18.  Private  T.  J.  Vaughan,  Co.  "  D,"  10th  Battalion  Virginia 
Heavy  Artillery. 

CH.4.RGI--. — Desertion. 

FINniNG. 

Of  the  specification,  Guilty  of  so  much  as  implies  absence 

^vithout  leave  from  28th  of  August  to  2<1  Soptombcr.  1 862. 
Of  charge,  Not  guilty  of  ('cscrtion,  but  guilty  of  absence 

'ftithout  leave. 

sentence. 
While  the  court  find  the  accused  guilty  of  the  offense  in  a  less 
degree  than  charged,  yet  as  it  appears  from  evidence  introduced  by 
the  accused,  late  in  tlie  course  of  his  trial,  that  he  had  been  pardoned 
by  the  order  of  the  Secretary  of  War,  (which  fact  did  not  appear  in 
ais  plea,  the  court  aNvards  no  punishment  to  the  accused. 

Case   19.  Private   James  Ilosborough,   Co.   *' D*"    10th   Battalion 
Virginia  Heavy  Artillery. 
Ch.vrgk — Desertion. 

FINDING. 

The  court  confirmed  the  plea  of  the  accused,  (general  pardon  by 
the  Secretary  of  War),  and  determined  to  arrest  proceedings  without 
iwarding  judgment. 

Case  20.  Private  N.  M.  Emory,  Co.  "  E,"  10th  Battalion  Virginia 
Heavy  Artilh  ry. 

Charge — Desertion. 

finding. 
Of  the  specification.  Guilty  of  aa  much  as  implies  absence 

without  leave. 
Of  charge.  Not  guilty  of  desertion,  but  guilty  of  absence 

without  leave. 

SENTENCE. 

To  six  months'  hard  labor,  and  six  months'  forfeiture  of  pay. 


41 

Case  21.  Private  E.  T.  Williams,  Co.  "  E,"  10th  Battalion  Virginia 
Heavy  Artillery. 

Charge — Desertion. 

FINDING. 

Of  specification,  Guilty  of  as  much  as  implies  absence  with- 
out leave. 

Of  charge.  Not  guilty  of  desertion,  hut  guilty  of  absence 
without  leave. 

SENTENCE. 

To  six  months'  hard  labor,  and  six  months'  forfeiture  of  pay. 
Case  22.  Private  John  Shehcn,  Co.  "  L,"  46th  Regt.  Va.  Vols. 
Charge — Desertion.  * 

FI^•nI^G. 
Of  specification.  Guilty. of  as  much  as  implies  absence 

without  leave. 
Of  charge,  Not  guilty  of  desertion,  but  guilty  of  absence 

without  leave. 

sentence. 
To  three  months'  hard  labor,  and  three  months'  forfeiture  of  pay. 
Case  23.  Private  Robert  Hight,  Co.  "  D,"  18th  Battalion  Virginia 
Heavy  Artillery. 

Charge — Desertion. 

FINDING. 

Of  the  specification.  Guilty. 

Of  the  charge,  Not  guilty  of  desertion,  but  guilty  of  absence 
without  leave. 

sentence. 
To  six  ironths'  hard  labor,  and  six  ttonths'  forfeiture  of  pay. 
Case  24.  Private  George  Steele,  Co.  "  L,"  59th  Regt.  Va.  Vols., 
Charge — Desertion. 

'  FINDING. 

Of  the  specification.  Guilty. 

'   Of  the  charge,  Guilty. 

sentence. 
To  the  forfeiture  of  pay  proper  during  the  war,  fift^t  laa^  es  laid  on 
the  bare  back  at  a  time  and  place  specified  by  the  commanding  Gene- 
ral ;   and  six  months'  hard  bibor  with  ball  and  chain. 

.Case  25.  Private  T.  N.  Johnson,  Co.  '•  D,"  20th  Battalion  Virginia 
Heavy  Artillery. 

Charge — Desertion. 

FINDING. 

Of  the  specification,  Guilty  of  as  much  as  implies  absence 

without  leave. 
Of  the  charge.         Not  guilty  of  desertion,  but  guilty  of  absence 
without  leave. 
To  six  months'  hard  labor,  and  six  months'  forfeiture  of  pay. 
Ciise  26.   Private  I'.ichard  Williams,  Co.  "  D,"  18th  Battalion,  Vir- 
ginia Heavy  Artillery. 

Charge — Sleeping  on  post. 


42 

FINDING  AND  SENTENCE. 

The  court  confirm  the  plea  of  guilty,  and  sentence  the  accused  to 
BIX  months'  h;ird  labor,  and  six  months'  forfeiture  of  pay. 

Case  27.  Private  II.  J.  Townsend,  Co.  "  E,"  10th  Battalion  Vir- 
ginia Heavy  Artillery. 

C  ARGE  Ist. — Absence  without  leave. 
Cn\RGE  2d — Desertion. 

FINDIVG. 

The  court  confirm  the  plea  of  guilty  to  the  1st  charge  and  specifi- 
cation of  first  charge,  and  find  as  follows:' 

Of  specification  of  2d  charge,  G*uilty. 

Of  2d  charge.  Guilty. 

SENTENCE. 

The  accused  to  forf.  iturc  of  pay  proper  during  the  war,  twenty- 
five  lashes  laid  on  the  bare  back,  at  a  time  and  jilace  specified  by  the 
commanding  general,  and  six  months'  hard  labor  with  ball  and  chain. 

Case  28.  Private  John  Mclntyrc,  Co.  ''  E,"  19th  Pattalion  A^irginia 
Ileavy  Artillery. 

Charge. — Desertion. 

FINIUNG. 

Of  the  specification,     Guilty  of  so  much  as  implies  absence 

without  leave. 
Of  the  chiirge,        Not  guilty  of  desertion,  but  guilty  of  absence 

without  leave. 

SENTENCE. 

To  forfeiture  of  one  month's  pay,  and  to  one  month  of  hard  labor. 
The  court  is  thus  lenient  in  sentencing  the  accused,  as  he  has  been  in 
confinement  with  ball  and  chain  for  a  period  of  about  three  weeks, 
as  developed  in  the  evidence. 

Case  29.  Private  C.  II.  Palmer,  Co.  "  C,"  19th  Battalion  Virginia 
Heavy  ArtilltM-y.. 

Chakge — Conduct  prejudicial  to  good  order  and  military  dis- 
cipline. 

FINDING. 

Of  specification  Ist,  Guilty. 

Of  specification  2d,  Guilty. 

Of  the  charge,  "  Guilty. 

SENTENCE. 

To  forfeiture  of  pay  for  twelve  month.^,  to  close  confinement  for 
twenty-eight  days,  in  two  periods  of  fourteen  days  each,  with  an  in- 
terval of  fourteen  days,  and  to  five  months'  hard  hibor. 

Cases;).  Private  John  F.  Roberts,  Co.  *' C,"  19th  Battalion  Vir- 
ginia Ileavy  .-vrtillery. 

CiiAKGE — Conduct  prejudicial  to  good  order  and  militaAdis- 
cipline,  |F 

FINDING. 

Of  the  specification,  Not  Guilty. 

Of  the  charge,  Not  Guilty. 

And  the  court  do  therefore  acquit  the  accused. 


43  . 

Case  31.  Private  John  F.  Roberts,  Co.  "  C,"  19th  Batt.  Va.  Heavy 

Artillery. 

Charge Violation  of  the  5Sth  Article  of  War. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  ijmhj. 

SKNTF.NXE. 

To  forfeiture  of  one  half  his  ^Yeekly  pay  for  six  weeks,  and  to  one 
month  of  hard  labor. 

Case  32.   Private  P.  M.  McLaughlin,  HHh  Louisiana  regiment. 
Chakg!: — Desertion. 

I*IM)ING. 

Of  the  specification.  Guilty. 

Of  the  charge,        Not  guilty  of  desertion,  but  gudty  of  ab- 
sence without  leave. 

SF.NTF.NCE. 

To  three  months'  hard  labor,  and  three  months'  forfeiture  of  pay. 
Case  33.  Private  Dan  Kennedy,' Co.   "  C,"    lUth  Batt.  Va.   Heavy 
Artillery. 

Charge  1st — Desertion. 

Charge  2nd— Conduct  prejudicial  to  good  order  and  military 

discipline. 

FINDING. 

The  court  confirm   the   plea  of  guilty   to  the   specification  of  Ist 
charge,  and  find  as  follows  : 

Of  1st  charge,  ,     .  J-T^^'^y- 

Of  specification  of  second  dh&rgc,  Gui  ty. 

Of  2d  charge,  (juxhy. 

sentence. 
To  be  shot  to  dc>ath  by  musketry,  at  a  time  and  pUce  to  be  specified 
by  the  couimandini;  general. 

Case  31.  Capt.  T.  M.  Browne,  2d  Florida  Regiment. 

Charge  1st— Conduct  unbecoming  an  officer  and  gfntleinan. 
Charge  2d— Conduct  prejudicial  to  good  order  and  military 
discipline. 

FINDING.  .  • 

Of  the  specification,  of  1st  charge,  ^^]]^y- 

Of  1st  charge,  ^u.  ty. 

Of  specification  of  2d  ch.nrge,  .                   X"-  ^' 

Of  2d  charge,  ^^'^'y- 

SENTENCE. 

To  be  dismissed  from  the  service  of  the  Confederate  States. 

II.  The  proceedings  and  findings  in  the  cases  of  Captain  1.  M. 
Browne,  2d  Florida  regiment.  Lieutenant  G.  B.  Thompson,  Ist  lexas 
regiment,  privates  Isaac  Hall,  Co.  "C,"  and  Stephen  B  rhnyer,  Co. 
"  B  "  18th  Battalion  Virginia  Heavy  Artillery,  George  W.  Sturgeon, 
Co.  -D"  and  John  F.  Roberts,  Co.  "  C,"  19th  Battalion  Virginia 
ITeaw  Artillery,  J.  T.  Vaughan,  and  James  ILisborough  Co.  "  i>,^^ 
10th  Battalion  Virginia  Heavy  Artillery,  and  J.  M.  Sabalot,  Co.    'U 


44 

5th  Louisiana  regiment  are  approved.  The  officers  ^vill  bo  released 
from  arrest,  and  the  privates  released  and  returned  to  duty. 

The  proceedings,  finding  and  santence  in  the  case  of  private  Willis 
Brown,  Co.  'A,"  19th  Jiattalion  Virginia  Ilavy  Artillery,  are  disap- 
proved. The  evidence  though  exciting  a  grave  suspicion,  does  not 
sustain  the  charge.  The  prisoner  will  be  released  and  returned  to 
duty. 

'i  he  proceedings,  finding  and  sentence  in  the  ca>c  of  private  Ste- 
phen B.  Thayer,  Co.  "  B,"  18th  Battalion  Virginia  Heavy  Artillery, 
are  disapproved  ;  the  officer  preferring  the  charges  being  a  member  of 
the  court,  and  sitting  on  the  trial  of  the  case.  The  prisoner  -will  be 
released  and  return  to  duty.  ,  > 

The  proceedings  in  the  case  of  Lieutenant  R.  II.  Bayliss,  "Alexan- 
dria Light  Artillery,"  are  disapproved  ;  proceedings  having  been  had 
on  the  trial,  in  the  absence  of  the  accused,  at  which  he  had  the  right 
to  be  present.  Lieutenant  Bayliss  v.ill  be  released  from  arrest,  and 
returned  to  duty. 

The  proceedings,  finding  and  sentence  in  the  case  of  private  Albert 
Dreyspring,  "  Montgomery  True  Blues,"  Light  Artillery,  arc  disap- 
proved.   . 

The  charge  of  meeting  is  not  sustained  by  the  evidence. 

The  punishment  imposed  is  for  all  the  offences  of  which  the 
accused  is  found  guilty.  It  is  impossible  to  ascertain  what  portion  of 
punishment  is  awarded  to  particular  offences  ;  and,  however  much  it 
is  to  be  regietted  that  the  prisoner  should  escape  punishment  for  the 
very  serious  offences  of  which  he  is  clearly  guilty,  he  must  be  released 
and  return  ;d  to  dut/. 

The  proceedings,  finding  and  sentence  in  the  case  of  Sergeant 
Andrew  II.  Thompson,  Co.  "  C,"  18th  Battalion  Virginia  Heavy  Ar- 
tillery, are  approved.     The  sentence  will  be  duly  executed. 

The  offences  to  which  the  accused  has  pleaded  guilty,  and  for  which 
he  is  thus  punished,  are  venial  compared  with  those  committed  by  the 
officers  in  keeping  liquor  in  their  tents,  in  violation  of  the  express 
orders  of  the  Secretary  of  War. 

It  is  not  an  excuse  for  him  that  the  liquor  by  which  he  was  intoxi- 
cated was  given  to  him  by  these  officers,  but  their  conduct  deserves 
grave  eensure.  I'roper  discipline,  upon  which  so  much  depends,  can 
only  be  preserved  by  officers  setting  example  as  well  as  seeking  to 
enforce  it. 

The  proceedings,  finding  and  sentence  in  the  case  of  Captain  T.  M. 
Browne.  2d  Florida  regiinent,  are  approvetl.  Captain  T.  M.  Browne 
ceases  from  this  day  to  be  an  officer  in  the  Provisional  Army  of  the 
Confederate  i^tates. 

The  proceedings,  findings  and  sentences  in  the  cases  of  privates 
Jeremiah  Farrisee,  Co.  "A,"  N.  M.  Emory,  and  E.  T.  Williams,  Co. 
"  E,"  lUth  Battalion  Virginia  Heavy  Artillery,  John  Lambert,  and 
Samuel  Tucker,  Co.  "  B,"  and  T.  N.  Johnson,  Co.  ''  D,"  2i)th  Bat- 
talion Virginia  Heavy  Artillery,  John  Battcrson,  Co.  "  B,"  Robert 
Hight  and  Richard  W'illiams,  Co.  "  D,"  tind  C.  H.  Balmer,  Co.  ''  C," 
18th  Battalion  Virginia  HeaVy  Artillery,  John  Mclutyre,  Co,  '«E," 


45 

and  John  F.  Roberts,  Co.  *'  C,"  19th  Battalion  Virginia  Heavy  Ar- 
tillery, John  T.  Hill,  *'  Montgomery  True  Blues,*'  Artillery,  John 
Sheehan,  Co.  "  L,"  4Gth  regiment  Virginia  Infantry,  and  P.  M.  Mc- 
Laughlin, loth  Louisiana  regiment  arc  approved.  The  sentences 
will  be  duly  executed. 

The  proceedings,  finding  and  sentence  in  the  case  of  private  George 
Steel,  Co.  "  L,"  59th  Virginia  Infar.try,  are  approved.  The  sentence 
will  be  duly  executed.  The  flogging  will  be  inflicted  in  the  presence 
of  his  regiment,  at  the  promulgation  of  the  sentence.  The  proceed- 
ings, finding  and  sentence  in  the  case  of  private  IL  T.  Townsend, 
Co.  "  E,"  lOth  Battalion  Virginia  Heavy  Artillery,  are  approved. 
The  sentence  will  be  duly  executed.  The  flogging  will  be  inflicted  in 
the  presence  of  his  battalion,  at  the  promulgation  of  the  sentence. 
The  proceedings,  finding  and  sentence  in  the  case  of  private  Dan 
Kennedy,  Co.  "  C,"  lOlh  Battalion  Virginia  Heavy  Artillery,  are 
approved.  The  sentence  w  11  be  duly  executed  at  battery  No.  2,  of 
the  Richmond  defences,  between  the  hours  of  10  o'clock  A.  M.,  and 
one  o'clock  P.  M.,  of  the  30th  day  after  the  receipt  of  this  order,  by 
the  commanding  officer  of  his  battalion.  Colonel  T.  S.  Rhett,  com- 
manding Richmond  defences,  is  charged  with  the  execution  of  this 
order. 

By  command  of  Major  General  G.  W.  Smith. 

SAM'L  W.  MELTON, 
Major  and  A.  A.  GenrraL 


ITEADQURTEUS,  RIv'IlMOND. 

•Janu:iry  20,  1863. 
General  Orders, 
No.  G. 

Further  proceedings  of  the  General  Court  Mnrtial,  convened  at 
Richiiiorid,  hy  virtue  of  General  Orders,  No.  7,  October  11.  I8G2, 
from  these  Iloadcjuiirters,  in  continuation  of  General  Order.s,  No.  5, 
current  peries.  AVere  arraigned  and  tried  the  following:  (The  speci- 
fications being  long  and  minute  arc  omitted:) 

Case  35    Private  Thomas  P.  Jones,  ^Company  *-C,"  ISih  BattalioQ 
Virginia  Heavy  Artillery. 
Ch.vrge — Desertion. 

^  FINDING.  , 

Of  the  specification.  Guilty. 

Of  the  charge,   not  guilty   of  desertion,  hut  guilty   of  absence 
without  leave. 

."SENTENCE. 

To  six  months  hard  labor,  two  months  of  that  period  Avith  ball  and 
chain,  and  to  forfeiture  of  six  months  pay. 

Case  3G.  Private  J.  E.  Gates,  Co.  "C,'"  1 8th  Battalion  Va.  Heavy 
Artillery. 

CnARGc — Desertion. 

FINDING. 

Of  tlie  specification.  Guilty.     - 

Of  the   charge,   not   guilty   of  desertion,  but  guilty   of  absence 
without  leave. 

SENTENCE. 

To  six  months'  hard  labor,  two  months  of  that  period  with  bull  and 
chain,  nnd  to  forfeiture  of  six  months'  pay. 

Case  37.  IVivaie  George  Sergent,  Co.  "  P>,"  19th  Battalion  Virgi- 
nia Heavy  Artillery. 

CuAKGE — Desertion. 

Ft.VDING. 

Of  the  specific  lion.  Guilty-. 

Of  the  charge,  Guilty. 

'  FENTEyci:. 

To  four  months'  hard  labor,  one  month  with  ball  and  chain,  nnd  to 
forfeiture  of  pay  for  a  period  of  four  months,  and  the  court  is  thus 
lenient  for  reasons  which  will  appear  to  the  reviewing  authority  in 
the  evidence. 

Case  38.  Private  Jesse  Edds,  Co.  "  D,"  18th  Battalion  Va.  Heavy 
Artillery. 

Charge — Desertion. 


47 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Not  guilty  of  desertion,  but  guilty  of  absence 
without  leave. 

SENTENCE. 

To  forfeiture  of  pay  for  a  period  of  two  months. 
Case  39.   Private   C.  H.  Kent,  Company  "  D,''  18th   Battalion  Va, 
Heavy  Artillery. 

Charge  1st — Desertion. 

Charge  2d — Conduct  prejudicial  to  good  order  and  military  dis- 
cipline. 

FINDPG. 

Of  specification  of  1st  charge,  Guilty. 

Of  1st  charge,   not   guilty   of  desertion,  but   guilty  of  abi>enco 

without  leave. 
Of  specification  of  2d  charge,  Guilty. 

Of  2d.  charge,  Guilty. 

SENTENCE. 

To  fo'Vfeiture  of  pay  proper  for  the  war,  to  six  months'  hard  labor 
with  ball  and  chain,  and  to  wear  a  placard  with  the  word-  "former," 
legibly  printed  thereon,  for  a  period  of  six  months.  • 

Case  40.  Private  John  Wharton,  "Caroline  Light  Artillery." 
Charge — Desertion. 

FINDING. 

Of  specification,  Guilty  of  as  much  as  implies  absence  without 
leave. 

Of  charge.  Not  guilty  of  desertion,  but  guilty  of  absence  with- 
out leave. 

SENTENCE. 

To  four  months'  forfeiture  of  pay, 'and  two  months'  hard  labor  with 
ball  and  chain. 

Case  41.  Private  Ira  D.  Seal,  ''Caroline  Artillery." 
Charge — Desertion. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge.  Guilty. 

sentence. 
To  forfeiture  of  pay  for  twelve  months,  and  to  hard  labor  with  ball 
and  chain  for  a  period  of  six  months. 

Case  42.  Private  J.  II.  Vaiden,  Co.  "C,"  18th  Battalion  Va.  Ileavy 
Artillery. 

Charge — Absence  without  leave. 

FINDING. 

Of  the  specification.  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

To  forfeiture  of  pay  for  a  period  of  six  months,  and  to  hard  labor 
with  ball  and  chain  for  the  period  of  three  months. 

Case  43.  Private  J.  W.  Mitchell,  Co.  "C,"  18th  Batt.  Va.  Heavy 
Artillery. 


48 
Charge — Absence  without  leave. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  ch-.irge,  Guilty. 

SENTF.NCF,. 

To  forfeiture  of  pay  for  the  period  of  six  months,  and  to  hard  labor 
with  ball  and  chain  for  a  period  of  three  months. 

Case  44.   Private  \Vm.  Sheffield,  Co.  "  E,"  18ch  Battalion  Virginia 
Heavy  Artillery. 

Charge — Absence  without  leave. 

FINUING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

To  forfeiture  of  pay  for  six  months,  and  to  hard  labor  with  ball  and 
chain  for  three  months. 

Case  45.  Private  E.  A.  Scribner  Co.  "C,"  18th  Battalion  Virginia 
Heavy  Artillery. 

Charge — Desertion. 

jH  FINDING. 

(IT  the  specification,  Guilty. 

Of  the  charge,  Not  guilty  of  desertion,  but  guilty  of  absence 
w-ithout  leave. 

SENTENCE. 

To  forfeiture  of  pay  for  six  months,  and  to  hard  labor  with  ball  and 
chain  for  three  months. 

Case  4G.  Private  Edward   McCullooh,   Company  "  C,"  18th   Bat- 
talion Virginia  Heavy  Artillery. 
Charge — Desertion. 

FINDING. 

Of  the  specification,  *  Guilty. 

Of  the  charge,  IS'ot  guilty  of  desertion,  but  guilty  of  absence 
without  leave. 

SKNTENCE. 

To  forfeiture  of  pay  for  six  months,  and  to  hard  labor  with  ball  and 
chain  for  three  momths. 

Case  47.  Private  William  sorrell,  "  Caroline  Artillery." 
Charge — Desertion. 

FINDING. 

Of  the  specification, — Guilty  of  so  much  as  implies  absence  with- 
out leave. 

Of  the  charge, — Not  guilty  of  desertion,  but  guilty  of  absence 
without  leave. 

SENTENCE. 

To  forfeiture  of  pay  for  four  months,  and   to  hard  labor  with  ball 
and  chain  for  the  same  period. 

Case  48.  Private  A.  B.  Wharton,  "  Caroline  Artillery." 
Charge — Desertion. 

FINDING. 

Of  the  specifiaation, — Guilty,  except  all  that  comes  aWer  the 
words,  "he  also  expressed,"  &c. 


49 
Of  charge,  Guilty. 

SExNTENCE. 

To  forfeiture  of  pay  for  twelve  months ;  to  hard  labor  with  ball  and 
chain  for  six  months;  and  after  the  last,  to  confinement  for  twenty- 
eight  days  on  bread  and  water,  in  periods  of  fourteen  days,  with  an 
interval  of  fourteen  days. 

Case  49,  Lieut.  W.  II.  Kemper,  ^'Alexandria  Light  Battery." 
Charge  1st.  Absence  without  leave. 

Charge  2d — Conduct  prejudicial  to  good  order  and  military 
discipline. 

FINDING. 

Of  specification  of  Ist  charge,  Not  guilty. 

Of  1st  charge.  Not  guilty. 

Of  specification  of  2d  charge,  Not  guilty. 

Of  2d  charge,  Not  guilty. 
And  the  accused  was  therefore  acquitted. 

Case  50.  Private  C.  It.  Albright,  "  Montgomery  True  Clues." 
Charge — Desertion. 

FINDING. 

Of  the  specification, — Guilty,  with   the   exception  of  the  clause 

commencing  with  the  words,  "  who  apprehended  him,"  &c. 
Of  the  charge.  Guilty. 

SENTENCE. 

To  be  branded  with  the  letter  "  D,"  on  the  hip,  to  have  his 
head  shaved,  to  be  drummed  out  of  the  service  to  the  tune  of  rogues' 
march ;  to  receive  ten  licks  with  a  paddle,  at  a  time  and  place  to  be 
epecified  by  the  commanding  general,  and  to  forfeit  all  pay  and  allow- 
ances that  may  be  due  him  by  the  Confederate  Government. 

II.  The  proceedings,  finding,  and  sentence  in  the  case  of  Lieut. 
W.  H.  Kemper,  "Alexandria  Light  Artillery,"  are  approved.  Lieut. 
Kemper  will  be  released  from  arrest  and  return  to  duty. 

The  proceedings,  finding,  and  sentence  in  the  case  of  Private  C.  H. 
Albright,  "  Montgomery  True  Blues,  are  approved.  The  sentence 
will  be  duly  executed  in  the  presence  of  his  company,  at  the  pioraul- 
gation  of  this  order. 

The  proceedings,  findings  and  sentences  in  the  cases  of  privates 
Thomas  P.  Jones,  J.  E.  Gates,  J.  H.  Vaiden,  J.  W.  Mitchell,  Wm. 
Sheffield,  E.  A.  Scribner  and  Edward  McCulloch,  Co.  "  C,"  Jesse 
Edds  and  C.  II.  Kent,  Co.  *'D,"  18th  Battalion  Virginia  Heavy  Ar- 
tillery; George  Sergeant,  Co.  "  B,"  19th  Battalion  Virginia  Ileavy 
Artillery;  John  Wharton,  Ira  D.  Seal,  Wm.  Sorrel  and  A.  B.  Whar- 
ton, "  Caroline  Light  Artillery,"  are  approved.  The  sentences  Mill 
be  duly  executed. 

By  command  of  Major  General  G.  W,  Smith, 

SAMUEL' W.  MELTON, 
Major  and  Assistant  Adjutant  Gei'eral, 


HEADQUARTERS  DEPARTMENT  OF  ITENRICO, 

Ricbraoud,  Va.,  January  20,  1863. 


i 


GENERAL  ORDERS 

No.  1. 

I.  At  a  General  Court  Martial,  convened  in  this  city,  pursuant  to 
paragraph  II,  General  Orders,  No.  35,  Ilcadquerters  Department  of 
Henrico,  November  6th,  1862,  were  arraigned  and  tried  : 

•  *****•• 

Case  74.  First  Lieutenant  Charles  Hunt,  of  Captain  Dabney's 
Cosopany  Heavy  Artillery. 

Charge — Disposition  of  intoxicating  drink. 

FINDING. 

Of  the  specification,  Guilty, 

Of  the  charge,  Gmlty. 

SENTENCE. 

The  said  Lieutenant  Charles  Huiit  to  be  suspended  from  rank, 
pay  and  emoluments  for  the  space  of  two  months  ;  and  the  court  do 
confiscate  the  liquor  seized. 

Case  75.  William  H.  Travers,  a  citizen. 

Charge — Selling  intoxicating  drink.  * 

To  which  charge  the  accused  pleaded  Guilty. 

SENTENCE 

The  court  having  confirmed  the  accused's  plea  of  guilty,  do  sen- 
tence him  to  pay  a  fine  of  one  hundred  dollars,  and  to  be  imprisoned 
until  said  fine  be  paid ;  and  the  court  do  confiscate  the  liquor  seized. 
Case  7G.  Charles  Rouselot,  a  citizen. 

Charge — SelHnf'  intoxicatinji  drink. 
To  wlych  charge  the  accused  pleaded  Guilty. 

sentence. 
The  court  having  confirmed  the  accused's  plea  of  guilty,  do  sen- 
tence the  said  Charles  Rouselot  to  pay  a  fine  of  one  hundred  dollars, 
and  to  be  imprisoned  until  said  fine  be  paid;  and  the  court  do  confis- 
cate the  liquor  seized. 

Case  77.   William  Ready,  a  citizen. 

Charge — Disposition  of  intoxicating  drink. 

finding. 
Of  the  specification.  Not  guilty. 

Of  the  charge.  Not  guilty. 

And  the  court  do  therefore  acquit  the  accused. 
Case  78.  Richard  Morien,  a  citizen. 

Chvrge — Disposition  of  intoxicating  drink. 


51 

•  FINDING. 

Of  tlie  specification,  Not  Guilty. 

Of  the  charge,  Not  Guilty.  ' 

And  the  court  do  therefore  acquit  the  accused. 
Case  79.  John  T.  West,  a  citizen. 

Charge — Selling  intoxicating  drink. 

To  which  charge  the  accused  pleaded  Guilty, 

SENTENCE. 

The  court  having  confirmed  the  accused's  plea  of  guilty,  do  sen- 
tence him  to  pay  a  fine  of  two  hundred  dollars,  and  to  be  imprisoned 
until  said  fine  be  paid;  and  the  court  do  confiscate  the  liquor  seized. 

Case  80.  Private  Henry  S.  Jones,  Whittington's  Artillery. 
Charge — Desertion, 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge.  Guilty. 

SENTENCE. 

The  said  private  Henry  S.  Jonc3  to  receive  twenty-five  lashes  upon 
his  bare  back,  at  Camp  Lee;  to  wear  at  said  camp  a  barrel  jacket, 
with  the  word  "  deserter"  written  thereon,  two  hours  each  day  for  one- 
month,  and  to  forfeit  his  pay  for  one  month. 

Case  81.  James  Kelley,  a  citizen: 

Charge — Selling  intoxicating  drink. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

•  SENTENCE. 

The  said  James  Kelley  to  pay  a  fine  of  ten  dollars,  and  to  be  im- 
prisoned until  said  fine  be  paid. 

Case.  82.   Francis  Myring,  a  citizen  : 

Charge — Selling  intoxicating  drink. 

FINDING. 

On  the  Ist  specification  of  charge.  Guilty. 

On  the  2d  specification  of  charge,  Guilty.. 

On  the  charge,  Guilty. 

SENTENCE. 

The  said  Francis  Myring  to  pay  a  fine  of  fifty  dollars,  and  to  ho 
imprisoj^d  until  said  fine  be  paid;  and  the  court  do  confiscate  the 
liquor  sffzed. 

Case  83.  Second  Lieut.  John  B.  York,  Company  D,  45th  North. 
Carolina  Regiment: 

Charge — Absence  without  leave.    ' 
To  which  charge  the  accused  pleaded  Guilty. 

SENTENCE. 

The  court  having  confirmed  the  accused's  plea  of  guilty,  do  sentence' 
Iwm  to  be  dismissed  from  the  Confederate  service. 

Case  84.  Private  M.  Hagan,  Company  H,  9th  Georgia  Regiment  ; 
Charge — Forgery. 

FINDING. 

On  the  1st  specification  of  charge,  Guilty. 


52 

On  the  2d  specification  of  charge,  Guilty^  * 

On  the  charge,  Guilty. 

SINTENCE. 

The  said  Priva'e  M.   Hagan  to   one  month's  extra  duty;  to  forfeit 
one  month's  pay,  and  to  wear  a  barrel  jacket  two  hours  each  day  for 
one  month,  with  the  word  **  fraud ''  written  on  the  barrel. 
Case  85.   Mrs.  Ellen  Hayes,  a  citizen  : 
Charge — Selling  intoxicating  drink. 
To  which  the  accused  pleaded  Guilty. 

SKNTENCE. 

The  court  having  confirmed  the  accused's  plea  of  guilty,  do  sentence 
her  to  pay  a  fine  of  ten  dollars,  and  to  be  imprisoned  until  said  fine 
be  paid ;  and  the  court  do  confiscate  the  liquor  seized. 

Case  86.  Private  Andrew  Redden,  Company  C,  53d  North  Caro- 
lina Regiment: 

Change  Ist — Desertion. 

Charge  2d — Leaving  post  before  regularly  relieved. 

FINDING. 

Of  the  1st  specification  of  1st  charge.  Guilty. 

Of  the  2d  specification  of  1st  charge.  Guilty. 

Of  the  1st  charge,  Guilty. 

Of  the  specification  of  2d  charge,  Not  guilty, 

but  guilty  of  leaving  guard  before  regularly  relieved. 
'"Of  the  2d  charge,  Not  guilty, 

but  guilty  of  leaving  guard  before  regularly  relieved. 

SENTENCE.  0 

The  said  Private  Andrew  Redden  to  receive  twenty-five  lashes  upon 
his  bare  back  ;  to  be  confined  at  hard  labor  for  six  months,  and  to 
forfeit  his  pay  for  nine  months. 

Case  87.  Private  Frederick  Keck,  Captain  John  F.  Wren's  Cavalry 
Company  : 

Charge — Desertion, 

FINDING. 

Of  the, specification.  Guilty. 

Of  the  charge,  ,  Guilty. 

SENTENCE. 

The  said  Private  Frederick  Keck  to  one  month's  extra  duty,^d  one 
month's  forfeiture  of  pay.  W 

Case  88.  T.  S.  Ilayme. 

Charge — Selling  intoxicating  drink. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge.  Guilty. 

SENTENCE. 

And  it  appearing  to  the  court  that  the  accused  was  a  soldier,  they 
sentenced  him  to  one  month's  forfeiture  of  pay;  to  one  month's  extra 
duty,  and  to  two  weeks  confinement  in  the  guard-house. 

Case  89.  Private  W.  J.  Walker,  President's  Guard. 
Charge — Desertion. 


S3 


FINDING. 

On  the  specification  of  charge,  not  guilty  ;  but  guilty  of  absence 

without  leave. 
On  the  charge,  not  guilty ;    but  guilty  of  absence  without  leave. 

SENTENCE. 

The  said  private  W.  J.  Walker  to  one  week's  close  confinement  on 
bread  and  water,  and  to  one  month's  forfeiture  of  pay. 
Case  90.   Colin  Kitchen,  a  citizen. 

Charge — Selling  intoxicating  drink. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

The  said  Colin  Kitchen  to  pay  a  fino  of  five  dollars,  and  to  be  im- 
prisoned until  said  fine  be  paid. 

Case  91.  Private  Frank  Taylor,  Co.  **  E,"  40th  Va.  Cavalry. 

Charge  1st — Insubordination. 

Charge  2d — Desertion. 

Charge  3d— Theft. 

FINDING. 

Of  the  specification  of  first  charge,  Guilty. 

Of  the  first  charge.  Guilty. 

Of  the  specification  of  second  charge.  Guilty. 

Of  the  specification  of  third  charge,  guilty,  excepting  the  word 

''pistols." 
Of  the  third  charge,  Guilty. 

SENTENCE. 

The  said  private  Frank  Taylor  to  be  first  branded  on  the  right  hip 
with  the  letter  "  D,"  an  inch  and  a  quarter  long ;  then  to  receive  fifty 
lashes  upon  his  bare  back,  well  laid  on,  and  to  be  confined  at  hard 
labor  for  twelve  months,  wearing  a  ball  and  chain ;  and  to  forfeit  all 
pay  and  alloA-ances  that  are  now  due  or  which  may  become  due  to  him 
during  the  said  twelve  months. 

Case  93.  Sergeant  William  Prosser,  captain  Reed's  company  Presi- 
dent's Guard. 

Chauge — Violation  of  99th  article  of  war,  C.  S.,  and  conduct 
to  the  prejudice  of  good  order  and  military  dicipline. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

The  said  sergeant  William  Prosser  to  be  confined  one  month  to  the 
limits  of  his  station,  except  when  on  duty. 

II.  The  proceedings,  findings  and  sentences  of  the  court  in  the 
foregoing  cases  are  hereby  approved,  and  the  sentences  will  be  exe- 
cuted, with  the  exceptions  hereafter  named. 

III.  The  proceedings  and  findings  of  the  court  in  the  cases  of 
Willftira  Ready  and  Richard  Morien,  arc  approved,  and  they  are 
hereby  discharged. 


54 

IV.  The  proceedings,  findings  and  sentences  of  the  court,  in  the 
case  of  Lieutenant  John  B.  York,  are  hereby  approved ;  but  taking 
into  consideration  the  good  character  of  the  accused,  the  mitigating 
ciicumstances  of  the  case,  and  the  recommendation  of  the  court,  the 
sentence  is  remitted,  and  Lieutenant  York  will  report  for  duty  to  his 
commanding  officer. 

**♦**#•* 

By  order  of  Brigadier  General  John  IL  Winder,  commanding 
department. 

J.  W.  PEGllAM, 

A.  A.  General^ 


HEADQUARTERS  DEFT  OF  HENRICO, 

Richmond,  Va.,  January  31,  1863. 

EXTRACT. 

General  Orders, 
No.  3. 

I.  At  a  General  Court  Martial  convened  in  the  city  of  Richmond 
pursuant  to  parac^raph  II,  General  Orders,  No.  35,  "  Headquarters 
Department  of  Henrico,  November  6tli,  1862,"  were  arraigned  and 
tried. 

Case  94.  Private  Charles  A.  Johnson,  Goochland  Light  Artillery. 
Charge — Desertion, 

FINDING, 

Of  the  specification,  Guilty. 

Of  the  charge.  Guilty. 

SENTENCE. 

The  Said  Private  Charles  A,  Johnson  to  be  confined  one  month, 
wearing  a  barrel  jacket,  with  the  word  **  deserter"  written  thereon, 
two  hours  each  day  for  the  said  month,  and  to  forfeit  all  pny  from  the 
time  of  his  desertion,  until  the  first  of  February,  eighteen  hundred 
and  sixty-three. 

The  court  is  thus  lenient  in  its  sentence  in  consequence  of  the  ill- 
health  of  the  accused. 

Case  95.  Sergeant  T.  W.  Saunders,  Co.  "  K,"  1st  Regiment  Lou- 
isiana Volunteers. 

Charge — Desertion. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge.  Guilty. 

SENTENCE. 

The  said  Sergeant  J.  W.  Saunders  to  be  remanded  to  his  regiment, 
and  reduced  to  "the  ranks,  to  wear  a  barrel  jacket  with  the  word 
"deserter"  written  t'.ereon,  two  hours  each  day  for  two  months,  to 
perform  one  months'  extra  duty,  and  to  forfeit  three  months'  pay. 

Case  96.  James  II.  Baily,  Co.  "  D,"  46th  Virginia  Regiment. 
Charge — Desertion. 

FINDIWa. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SENTENCF. 

The  said  James  II.  Baily  to  be  remanded  to  his  regiment,  and  there 


receive  fifteen  lashes  upon  his  bare  back,  to  perform  extra  duty  for  one 
month,  and  to  forfeit  three  months'  pay. 

Case  97.  Private  B.  F.  Shifflett,  Co.  "  D,"  46th  Virginia  Regiment. 
Charge — Desertion. 

FINIMNG. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

.SFNTTNCE. 

The  said  Private  B.  F.  Shifflett  to  be  remanded  to  liis  regiment,  and 
there  receive  fifteen  lashes  upon  his  bare  back,  to  perform  extra  duty 
for  one  month,  and  to  forfeit  three  months'  paj'. 

Case  08.   Private  W.  W.  Wolf,  Co.  "  K,"  48th  N.-  C.  Regiment. 
Charge — Desertion. 

FINDING. 

Of  the  specification.  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

The  said  Private  W.  W.  Wolf  to  be  remanded  to  his  regiment,  and 
there  receive  twenty-five  lasbes  upon  his  bare  back,  to  perform  one 
months'  extra  du'y,  and  to  forfeit  one  months'  pay. 

Case  99.  Private  Thomas  Givens,  Co.  "  F,"  4*8th  North  Carolina 
Regiment. 

Charge — Desertion. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  '  Guilty. 

SENTENCE. 

The  said  Private  Thomas  Givens  to  be  remanded  to  his  regiment, 
and  there  receive  twenty-five  lashes  upon  his  bare  back,  to  perform 
one  months'  extra  duty,  and  to  forfeit  one  months'  pay. 

Case  100.  Private  Benjamin  Brogees,  Co.  "  L,"  10th  Virginia 
Regiment. 

Charge — Desertion. 

FINDING. 

Of  the  specification.  Guilty, 

Of  the  charge.  Guilty. 

SENTENCE. 

The  said  Private  Benjamin  Brogees,  to  be  remanded  to  his  regi- 
ment, and  there  receive  twenty-five  lashes  upon  his  bare  back,  to  per- 
form one  months'  extra  duty,  and  to  forfeit  six  months'  pay. 

Case  101.  Private  John  Fletcher,  Co,  **  K,"  48th  North  Carolina 
Regiment. 

Charge — Desertion. 

FINDING. 

Of  the  specification.  Guilty, 

Of  the  charge,  Guilty. 

sentence. 
The  said  private  John  Fletcher  to  be  remanded  to  his  regiment,  and 
there  receive  twenty-five  lashes  upon  his  bare  back,  to  perform  one 
month's  extra  duty,  and  to  forfeit  one  month's  pay. 

Case  102,  Private  John  James  Co.  *'  K,"  48th  N.  C.  regiment. 


57 
Charge — Desertion. 

FINDING. 

Of  the  specification  Guilty, 

Of  the  charge,  guilty. 

SENTENCE. 

The  said  private  John  James  to  be  remanded  to  his  regiment,  and 
there  receive  twenty-five  lashes  upon  his  bare  back,  to  perform  one 
month's  extra  duty,  and  to  forfeit  one  month's  pay. 

Case  103.  Private  N.  C.Saunders,  Co.  "  F,"  48th  N.  C.  regiment. 
Charge — Desertion . 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

The  said  private  N.  C.  Saunders  to  he  remanded  to  his  regiment, 
and  there  receive  twenty-five  lashes  upon  his  bare  back,  to  perform 
one  month's  extra  duty,  and  to  forfeit  one  month's  pay. 

Case  104.  Private  J.  T.  Ilines,  Co.  "D,"  57th  Va.  regiment. 
Charge — Desertion. 

FINDING." 

Of  the  specification  Guilty. 

Of  the  charge,  Guilty. 

sentence. 
The  said  private  J.  T.  Ilines  to  be  remanded  to  his  regiment,  and 
there  receive  twenty-five  lashes  upon  his  bare  back,  to  perform  one 
month's  extra  duty,  and  to  forfeit  five  months'  pay. 

Case  105.  Private  Micheal  Kierans,  '-Letcher  Artillery." 
Charge — Desertion. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

The  said  private  Micheal  Kierans  to  be  shot  to  death  by  musketry* 
at  such,  time  and  place  as  may  be  designated  by  the  Commandant  of 
the  Department  of  Henrico,  two  thirds  of  the  members  of  the  court 
concurring  in  said  sentence. 

Case  106.  Private  John  Payne,  Co.  "  K,"  48th  N.  C.  regiment. 
Charge — Desertion. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

The  said  private  John  Payne  to  be  remanded  to  his  regiment,  and 
there  receive  twenty-five  lashes  upon  his  bare  back,  to  perform  one 
month's  extra  duty,  and  to  forfeit  one  month's  pay. 

Case  107.  Private  William  RiLgold,  Co.  "  E,"  14th  La.  regiment. 
Charge — Desertion.  , 

FINDING. 

Of  the  specification,  .  Not  Guilty. 

Of  the  charge,  Not  Guilty. 


58 

And  the  court  do  therefore  acquit  the  accaeed. 
Case  1118.  Private  Mathew  Maloney,  Co.  "  C,"  10th  La.  regiment. 
Charge — Assault  and  robbery. 

FINDING. 

Of  the  specification,  Not  Guilty. 

Of  the  charge.  Not  Guilty. 

And  the  court  do  therefore  acquit  the  accused. 
Case  109.   Private  William  Green,  ''President's   Guard,"  Captain 
Reed'e  Company. 

CuAnGF. — Desertion. 

FINDI>G. 

Of  the  specification,  Guilty. 

Of  the  charge.  Guilty. 

SKNTENCE. 

The  said  private  William  Green  to  be  closely  confined,  and  to  be 
fed  on  bread  and  water  for  the  space  of  one  week,  to  wear  a  barrel 
jacket  with  the  word  "  Deserter"  written  thereon  two  hours  each  day 
for  the  space  of  one  month,  and  to  perform  extra  duty  for  the  space 
of  one  month,  and  to  forfeit  his  pay  for  the  space  of  two  months. 

The  court  desire  it  to  be  understood  that  the  leniency  of  the  fore- 
going sentence  is  solely  on  account  of  the  youthfulncss  of  the  accused. 

Case  110.  Corporal  Thomas  Williams,  Co.  "  C,"  1st  La.  Regiment. 
CnARGK — Desertion. 

MXUIKG. 

Of  the  specification,  Guilty. 

Of  the  charge,  •  Guilty. 

SFNTENCE. 

The  said  Corporal  Thomas  Williams  to  receive  fifty  lashes,  and  that 
he  do  wear  a  barrel  jacket,  with  the  word  "deserter"  printed  thereon, 
two  hours  each  day  for  the  space  of  two  months,  and  that  he  do  forfeit 
his  pay  for  the  space  of  three  months. 

Case  111.  Private  William  Allen,  Captain  Reed's  Company,  "Presi- 
dent's Guard." 

Charge — Desertion. 

riWDINCr. 

Of  the  specification.  Guilty. 

Of  the  charge.  Guilty. 

SENTENCIS. 

The  said  William  Allen  to  receive  two  dozen  spanks  with  a  paddle 
on  his  bare  skin,  and  to  be  confined  and  fed  on  bread  and  water  for 
the  space  of  one  week. 

Case  112.   William  Murray,  Alabama  Conscript. 
Charge— Theft. 

KINDINC. 

Of  the  specification,  Guilty. 

Of  the  charge,  Not  guilty. 

But  the  court  do  find  the  said  Private  William  Murray  guilty  of 
conduct  to  the  prejudice  of  good  order  and  military  discipline. 

SENTENCE. 

The  said  William  J.  Murray  to  perform  extra  duty  for  the  space  of 


59 

one  week,  he  having  been  confined  in  Castle  Thunder  since  the  30th 
day  of  November,  1862. 

Ca'se  113.  Private  C.  W.  Tankersley,  '^Crenshaw  Battery." 
Charge — Desertion. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

The  said  Private  C.  W.  Tankersley  to  wear  a  placard  with  the  word 
"deserter"  <^ritten  thereon,  seated  on  one  of  the  guns  of  his  battery, 
two  hours  each  day,  for  the  space  of  two  months,  ancl  to  perform  extra 
duty  for  the  space  of  six  months,  and  to  forfeit  his  pay  from  the  time 

of  his  desertion  until  the  1st  day  of  June,  1863. 

*********** 

Case  117.  Private  James  Broderick,  "Letcher  Artillery." 
Charge — Desertion.  ^ 

FINniNG. 

Of  the  specification,  Guilty. 

Of  the  charge.  Guilty. 

SENTENCE. 

The  said  Private  James  Broderick  to  be  shot  to  death  by  musketry 
at  such  time  and  place  as  may  be  designated  by  the  Commandant  of 
the  Department  of  Henrico,  two-thirds  of  the  members  of  the  court 
concurring  in  said  sentence. 

Case  1  18.  Private  Thomas  Bailey,  Co.  "  D,"  9th  Va.  Regiment. 
Charge — Desertion. 

FINDING. 

Of  the  specification,  ^  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

The  said  Private  Thomas  Bailey  to  be  remanded  to  his  Regiment, 
and  there  wear  a  barrel  jacket  with  the  word  "deserter"  written  there- 
on two  hours  each  day  for  one  month,  to  perform  one  month's  extra 
duty,  and  to  forfeit  one  month's  pay. 

Case  119.  Private  John  Cox,  Co.  "  B,"  9th  Va.  Regiment. 
Charge — Desertion. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SENTENCE. 

The  said  Private  John  Cox  to  be  remanded  to  his  Regiment,  and 
there  wear  a  barrel  jacket  with  the  word  "deserter"  written  thereon 
two  hours  each  day  for  one  month,  to  perform  one  month's  extra  duty, 
and  to  forfeit  one  month's  pay. 

Case  120.  L.  Roesch,  Capt.  Esckleman's  Company,  "Washington 
Artillery." 

Charge — Desertion. 

FINDING. 

Of  the  specification,  ^  Guilty. 

Of  the  charge,  •    Guilty. 


GC 

?E>Tn^CE. 

The  said  L.  Roescli  to  be  remanded  to  bis  Company,  and  tbere  re- 
ceive fifty  lashes  upon  bis  bare  back,  and  to  forfeit  nine  month's  pay. 
Case  121.  Private  J.  11.  LcfTew,  Co.  "F,"  o9th  \a.  Regiment.' 
Cii.\rc;e — Desertion. 

FINDING 

Of  the  specification,  Guilty. 

Of  the  charge,  Guilty. 

SKTENCE. 

The  said  private  J.  R.  Leffew  to  be  remanded  to  his  regiment  and 
there  wear  a  barrel  jacket  with  the  word  "  Deserter"  written  thereon, 
two  hours  each  day  for  one  month ;  to  be  confined  two  weeks  on  bread 
and  water ;  to  perform  two  months'  extra  duty,  and  to  forfeit  two 
months'  pay. 

Case  122.  Private  James  Vick,  Co.  "  F, "  9th  Va.  Regiment. 
Charge — Desertion. 

•  FINUJNG. 

Of  the  specification,  Guilty. 

Of  the  charge.  Guilty. 

SENTENCE. 

The  said  private  James  Vick  to  be  remanded  to  his  regiment  and 
there  wear  a  barrel  Jacket  with  the  word  "  Deserter"  written  thereon 
two  hours'  each  day,  for  one  month  ;  to  be  confined  two  weeks'  on  bread 
and  Avater  ;  to  perform  two  months'  extra  duty,  and  to  forfeit  two 
months'  pay. 

Case  123.  Patrick  Riley, '' Whittington's  Artillery.  " 
Charge — Desertion. 

^  FINDING. 

Of  the  specification,  not  guilty;  but  guilty  of  absence  without 

leave. 
Of  the  charge,  not  guilty;  but  guilty  of  absence  without  leave. 

SENTENCE. 

The  said  I'rivate  Patrick  Riley  is  io  be  confined  on  bread  and 
water  for  two  weeks ;  to  perform  one  month's  extra  duty,  and  to  for- 
feit one  month's  pay. 

Case  124.  Private  George  Bland,  Co.   '' D,  "  9th  Va.  Regiment. 
Charge — Desertion. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge.  Guilty. 

SENTENCE. 

The  said  Private  George  Bland  to  be  remanded  to  his  regiment, 
and  there  to  wear  a  barrel  jacket  with  the  word  "  Deserter  "  written 
thereon,  two  hours'  each  day  for  one  month  ;  to  perform  one  month's 
extra  duty,  and  to  forfeit  one  month's  pay. 

Case  125.  Private  Joseph  O'Donohuc  "  Letcher  Artillery. 
Charge — Desertion. 

FINDING. 

Of  the  specification,  Guilty. 

Of  the  charge.  Guilty. 


61 

SENTENCE. 

The  said  Private  Joseph  O'Donohue  to  be  remanded  to  his  company 
and  there  receive  twenty-five  lashes  upon  his  back  ;  to  perform  one 
month's  extra  duty,  apd  to  forfeit  six  months'  pay. 

II.  The  proceedings,  findings  and  sentences  of  the  court  in  the 
foregoing  cases  are  approved,  and  the  sentences  -will  be  executed. 

III.  The  proceedings  and  findings  of  the  court  in  the  cases  of 
Privates  William  Ringold,  Co.  '*E,  "  14th  Louisiana  Regiment,  and 
Matthew  Maloney,  Co.  '*  C,  "  10th  Louisiana  Regiment,  are  approved, 
and  they  will  be  returned  to  duty. 

IV.  The  sentences  of  the  court  in  the  cases  of  l^rivates  Michael 
Kierans  and  James  Broderick,  "  Letcher  Artillery,  "  will  be  executed 
at  Camp  Lee,  on  Friday,  February  6th,  18G3,  between  the  hours  of 
8  A.  M.,  and  3  P.  M.,  under  the  direction  of  the  Provost  Marshal. 

By  order  of  Brig.  Gen,  John  H.  Wlndf.r,  commanding  Department. 

J.  W.  PEGRAM, 
Assistant  Adjutant  General, 


